Naylor v. Lovell

Citations

• 109 Wash. 409
• 186 P. 855
• 1920 Wash. LEXIS 891

Syllabus

<p>Bills and Notes (127)—Reformation of Instruments (6, 19)— Mistake—Evidence—Admissibility. In an action upon a mortgage note and to reform and foreclose the mortgage, alleged in the complaint to have fixed the due date by mistake, parol evidence of the mistake is admissible.</p> <p>Evidence (104)—Hearsay—Admissibility. In an action to reform and foreclose a mortgage, alleged to have fixed the due date by mistake, the positive evidence of the persons present as to what occurred is not inadmissible as hearsay.</p> <p>Bills and Notes (64, 138)—Bona Fide Purchasers—Notice of Mistake—Evidence—Sufficiency. In an assignee’s action on a mortgage note and to reform and foreclose the mortgage, findings that by mistake the mortgage fixed the due date one year in advance of the maturity of the note, and that plaintiff had notice of the mistake when he purchased at a large discount, are sustained where the discrepancy appeared on the face of the papers, and he was told of the two dates, and he. admitted having had some intimation of it; the presumption of good faith attaching hy virtue of Rem. Code, § 3447, being in such case overcome by clear and' satisfactory evidence.</p>