McNicol v. Collins

Citations

• 30 Wash. 318
• 70 P. 753
• 1902 Wash. LEXIS 688

Syllabus

<p>DECEIT-SALE OF CORPORATE STOCK-EVIDENCE-FORMER VALUES.</p> <p>In an action for damages for the difference between the selling price and the actual value of corporate stock, which plaintiff alleged he had been fraudulently induced to sell at less than its real value, evidence is inadmissible for the purpose of showing at what prices stock had been sold two years prior to the sale in question.</p> <p>SAME.</p> <p>Where deceit in the sale of corporate stock was charged against defendants, evidence of the purchase price of the stock two years before, at the time it was purchased for plaintiff by one of the defendants, was admissible, in connection with testimony that plaintiff had agreed to divide the stock with such defendant at the purchase price, in order to rebut the charge of deceit.</p> <p>SAME-WAGES OE EMPLOYEES.</p> <p>The amount of wages paid employees by a corporation is irrelevant for the purpose of establishing the value of its shares of stock.</p> <p>SAME-CROSS-EXAMINATION.</p> <p>Where plaintiff, in order to show confidential relations existing between himself and one of the defendants in an action founded on deceit had testified to their joint ownership of a building, it was not error to permit defendant to testify more fully upon the subject, although not involved in any way in the subject-matter of the action.</p> <p>EVIDENCE —■ CONVERSATIONS.</p> <p>Conversations had by witnesses in regard to the subject-matter of an action are inadmissible when not had in the presence of the party sought to be charged thereby.</p> <p>APPEAL-PREJUDICIAL ERROR.</p> <p>Where prejudicial errors of law occur upon a jury trial, it is the duty of the supreme court to reverse the case, though the court thinks it is decided correctly upon the facts in evidence.</p>