Miner v. Paulson

Citations

• 60 Wash. 150
• 110 P. 994
• 1910 Wash. LEXIS 1020

Syllabus

<p>Depositions — Right to Use — Pleadings — Amendments — Witnesses — Cross-Examination. A deposition taken on behalf of defendant before his answer was amended is admissible in evidence, where the facts alleged in the amended answer are substantially the same; since, under the code, amendments are almost a matter of course at any stage of the proceedings, and cross-examination is not confined strictly to the issues.</p> <p>Evidence — Parol Evidence to Vary Writing — Fraud. Parol evidence is admissible to show that a written agreement for the sale of corporate stock did not express the true contract between the parties, where part of the shares were only assigned temporarily for voting purposes, in fraud of the rights of one of the owners, who was not notified and was thereby deprived of their use, although the purchaser intended no ultimate fraud and was willing to reassign the stock.</p> <p>Fraud — Pleading. Fraud need not he alleged in direct terms, it being sufficient if the facts constituting the fraud are set forth.</p> <p>Trusts — Declaration oe Trust. Where the purchaser of corporate stock acknowledged in a letter that part of the stock was to he reassigned to the owners, the letter did not amount to a declaration that the purchaser held the stock in trust for the person to whom the letter was written, where such person only had a half interest therein and desired to defraud his co-owner out of the other half interest.</p> <p>Compromise and Settlement — Fraudulent Concealment. An agreement settling the rights of the parties in and to all the stock of a corporation does not include an interest which one of the parties had fraudulently concealed from the other party to his prejudice without fault or negligence on the part of the latter.</p>