Neis v. Farquharson

Citations

• 9 Wash. 508
• 37 P. 697
• 1894 Wash. LEXIS 351

Syllabus

<p>EQUITY — ACTION FOR ACCOUNTING BY AGENT — DECREE — EVIDENCE— DEATH OF PARTY — TESTIMONY OF ADVERSE PARTY — PRESENTATION OF CLAIMS TO ADMINISTRATOR.</p> <p>Where an agent has been intrusted with the money of his principal for the purchase of hops, and, after purchasing hops, sells them on his own account and returns the money advanced by his principal, the latter is entitled to an accounting in equity, although no fraud on the part of the agent is alleged or proven.</p> <p>The failure of the trial court to order a technical accounting is not a ground for reversal of the decree, when the court itself finds the amount due and such amount is not larger than the evidence warrants.</p> <p>The death of a party to au action and the substitution of his legal representative, subsequent to the commencement of suit against him, will not render inadmissible in evidence the deposition of an adverse party in interest, when, at the time such deposition was taken, the testimony of the witness was competent.</p> <p>Where a demand against a decedent’s estate is merely for equitable relief, or for uncertain and unliquidated damages, it is not necessary to present it to the administrator for allowance or rejection prior to the institution of suit thereon.</p> <p>The objection that there was no presentation of plaintiff's claim or demand to the administrator prior to suit cannot be urged for the first time in the appellate court.</p>