National Bank of Commerce of Tacoma v. Galland

Citations

• 14 Wash. 502
• 45 P. 35
• 1896 Wash. LEXIS 396

Syllabus

<p>REMOVAL OF CAUSES — CONTINUANCE — EVIDENCE — ORGANIZATION OF NATIONAL BANK — INDORSEMENT AND GUARANTY OF NOTE — DIRECTED VERDICT.</p> <p>A defendant is not entitled to the removal of a cause from the state to the federal courts, either by reason of the fact that he is a non-resident, when some of the defendants are residents of the state, or that the action is prosecuted by a national bank, since by act of congress such banks are, for purposes of jurisdiction, considered as residents of t'he state where organized.</p> <p>The subsequent appearance of another defendant after issues have been joined and the case set for trial as to some'of the defendants upon whom prior service had been had, will not entitle the latter, under Code Proc., §177, to have the case delayed for the making up of issues as to the defendant subsequently appearing.</p> <p>A certificate of the organization of a national bank issued by the comptroller of the currency is competent evidence to show the incorporation of the bank.</p> <p>A guaranty of payment written on the back of a promissory note and subscribed by the payee’s name constitutes a transfer of the title of the note to the person' who buys it under such guaranty.</p> <p>Where the evidence would have justified a court in discharging the jury and rendering judgment for plaintiff, the fact that the court directed the jury to bring in a verdict for plaintiff is without prejudice.</p>