McLaughlin v. Dopps

Citations

• 84 Wash. 442
• 147 P. 6
• 1915 Wash. LEXIS 1229

Syllabus

<p>Bills and Notes — Holder in Due Course. A negotiable promissory note, indorsed and transferred by the payee to a creditor on an open account and accepted and applied by the creditor on tbe account as a pro tanto payment thereof, without any knowledge on the indorsee’s part of any fraud in its inception, and without any showing of facts from which bad faith might be implied, constitutes the indorsee a holder in due course, and entitled to enforce the note against the makers thereof.</p> <p>Trial — Province op Court and Jury — Bills and Notes — Holder in Due Course. Although the burden of proof is upon the owner of a negotiable instrument, if the title is shown to be defective, to prove that he, or some person under whom he claims, acquired title as a holder in due course, it is not error to withdraw the question from the jury and determine it as a matter of law, when the evidence is so clear and convincing that reasonable minds can draw but one conclusion therefrom.</p> <p>Sales — Failure op Consideration — Sufficiency op Evidence. A failure of consideration for the giving of a promissory note on the sale of a stallion, warranted to get sixty per cent of producing mares with foal with proper care and handling, is not established by evidence showing that only forty-four per cent of the mares served produced foals, when there was no showing as to what proportion of the mares served were producing mares.</p>