National Finance Co. v. Emerson

Citations

• 117 Wash. 297
• 201 P. 4
• 1921 Wash. LEXIS 1039

Syllabus

<p>New Trial (22) — Grounds—Sufficiency of Evidence. In an action on promissory notes where the only defense is want of consideration, it is error for the court to grant a new trial after verdict for plaintiff, where the evidence shows plaintiff is a holder in due course.</p> <p>Bills and Notes (97, 98) — Sales (127) — Actions—Defenses —Want of Consideration. Loss of goods after delivery by seller to carrier will not sustain a defense of want of consideration for notes given for the purchase price.</p> <p>Evidence (158) — To Vary Writing — Existence of Condition. In an action on notes given for the purchase price of goods, evidence that the seller orally agreed as a part of the order to make shipment in time for the Christmas trade was inadmissible as tending to vary the written agreement, and also because not accompanied by an offer to show that a loss was suffered thereby.</p>