Park v. Newell

Citations

• 87 Wash. 431
• 151 P. 783
• 1915 Wash. LEXIS 904

Syllabus

<p>Bills and Notes—Holder in Due Course—Evidence—Sufficiency. Findings that an indorsee of notes fraudulently obtained in payment for a stallion, was not a holder in due course, although he testified that he was, are sustained where it appears that he bought the notes as a broker at a small discount, that they ran for a long term of years at a low rate of interest, that the makers were persons of unknown financial ability residing in a distant state, and the indorsee failed to take steps to charge the indorser with liability and was wholly indifferent as to steps taken for their collection.</p> <p>Cancellation of Instruments — Fraud — Defenses — Estoppel. The cancellation of notes, given in payment for a stallion, procured by misrepresentation and deception and void in the hands of the original holder, may be decreed in an action on the notes under a defense of equitable cognizance; nor would there be any estoppel by payments made on the acknowledged price of the horse under an agreement with the vendor and original holder of the notes.</p> <p>Bills and Notes—Attorney's Fees—Contracts. In an action on notes given for the purchase price of a stallion, in which the court found the notes void, but allowed recovery for the acknowledged price of the horse, the attorney’s fee stipulated for in the notes cannot be recovered, the original agreement making no provision therefor.</p> <p>; Sales'—Action foe Peice—Defense—Payment. Where the extent of the liability of several purchasers of a stallion was their proportionate share of the price, payment thereof by part of the purchasers is a complete defense, as to them, to recovery for the price.</p> <p>Costs—Taxation—Service of Summons—Statutes. Under Rem. & Bal. Code, § 225, authorizing service of a summons to be made by the sheriff or by some person over twenty-one years of age who is competent to be a witness in the action other than the plaintiff, and Id., § 482, limiting costs for this item to a case where it is paid to a c