Nethercutt v. Hopkins

Citations

• 38 Wash. 577
• 80 P. 798
• 1905 Wash. LEXIS 1209

Syllabus

<p>Bills and Notes—Indorsement in Blank—Oral Evidence to Impeach—Fraud—Misrepresentations by Attorney. In an action upon promissory notes indorsed in blank, it is admissible, as between tbe indorsers and indorsee, to impeach tbe indorsement for fraud by oral evidence to tbe effect that tbe indorsee was tbe attorney for the indorsers, who were illiterate, and that be represented that tbe maker was insolvent and advised them to sell the notes at a discount, and that their indorsement would create no liability against them, and that be could sell tbe notes for them, whereupon, relying on tbe representations, they indorsed tbe notes under tbe agreement that they would not be liable, and delivered them to tbe attorney, wbo took them for himself at a heavy discount, and three years later brought tbe suit to collect tbe face of tbe notes and an attorney’s fee.</p>