McGill v. W. P. Fuller & Co.

Citations

• 45 Wash. 615
• 88 P. 1038
• 1907 Wash. LEXIS 526

Syllabus

<p>Evidence — Best and Secondary — Foundation. Secondary evidence of the contents of a letter, admitted in evidence in a former action, is properly excluded where the only foundation laid therefor consisted in an examination of the files in that action.</p> <p>Attachment — Wrongful Attachment — Damages — Prospective Profits. In an action for the wrongful attachment of the assets of a partnership in a paper hanging business, damages for prospective profits cannot be recovered, where, prior to the attachment, the business had been disrupted by the absconding of one of the partners, and the stock in trade, which was wholly unpaid for, was turned back to the creditors, the plaintiff making no claim thereto.</p> <p>Same. In an action for wrongful attachment, the measure of damages for the wrongful taking of tools being the reasonable value of their use during the period of detention, it is error to receive evidence of what the plaintiff might have earned with them in his trade.</p> <p>Same — Evidence of Wrongfulness — Judgment—Conclusiveness. In an action for wrongful attachment, final judgment for the defendant in the attachment suit is conclusive evidence that the attachment was wrongful.</p> <p>Same — Grounds of Liability — Reasonable Cause. The wrongfulness of an attachment- does not entitle the defendant therein to recover, but there must be proof that the same was sued out without reasonable cause to believe the grounds alleged.</p> <p>Same — Damages. Exemplary damages are not recoverable in a common law action for the wrongful suing out of an attachment, the statute authorizing them only in actions on the attachment bond.</p> <p>Same. In an action for a wrongful attachment damages for injury to reputation, pride or feelings are not recoverable.</p> <p>Same — Costs-—Attorney's Fees. In a common law action for the wrongful suing out of an attachment, an allowance of $75 as an attorney’s fee is error, only the statutory fee being recoverable.</p> <p>Same — Use oe Pre