O'Connor v. Slatter

Citations

• 48 Wash. 493
• 93 P. 1078
• 1908 Wash. LEXIS 903

Syllabus

<p>Witnesses — Competency —• Transactions With Deceased. A widow, defending as executrix of ber deceased husband’s estate, does not waive her right to object to evidence by the adverse party as to transactions with the deceased by the fact that she fully testified to the same, since under our statute her testimony was competent and not barred by the statute.</p> <p>Same. The prohibition of the statute against the evidence of an adverse party as to transactions had with a person deceased does not exclude evidence as to who was or was not present at the time certain notes were endorsed by the deceased.</p> <p>Appeal — Review—Correction oe Error by Admission oe Other Evidence. Error in excluding evidence of a witness to contradict evidence of the adverse party that she was present at a certain transaction, is not cured by testimony of the witness theretofore admitted enumerating the persons who were present without any mention of the party claimed to be present.</p> <p>Witnesses — Competency—Transactions With Deceased. Testimony by the adverse part3r as to whether notes had been changed since he received them from a person since deceased, is inadmissible, because testimony of a transaction had with the deceased, being indirectly testimony as to their condition when received from the deceased.</p> <p>Appeal — Review—Harmless Error — Instructions — Bills and Notes — Endorsement. In an action upon promissory notes endorsed by defendant’s decedent, in which the question of liability as endorser was not involved, an ambiguous instruction, to the effect that endorsement and delivery were necessary to transfer complete title to the note, is not prejudicial error, in the absence of a request for more specific instructions as to the necessity and purpose of an endorsement.</p> <p>Bills and Notes — Guarantee—Pleading—Answer—Fraud—Immaterial Issues. In an action upon a written guarantee of a note, which was denied by the answer, an affirmative answer admitting an endorsement in b