Patchen v. Parke & Lacy Machinery Co.

Citations

• 6 Wash. 486
• 33 P. 976
• 1893 Wash. LEXIS 319

Syllabus

<p>CONSTITUTIONAL LAW — JUDICIAL COMMENT ON PACTS — ACTION ON ACCOUNT —EVIDENCE — NON-SUIT — CROSS-EXAMINATION OE WITNESS.</p> <p>An incidental allusion by the court to the facts in a cause, in determining a motion for a non-suit, is not a violation of §16, art. 4, of the constitution, prohibiting a judge from commenting on the facts.</p> <p>Where an order upon a debtor is given by a creditor to a third party to whom he is indebted, the amount of indebtedness to such third party is immaterial in establishing the amount due from the debtor to the creditor.</p> <p>The fact that such order operated as an assignment of the account cannot be raised for the first time on appeal.</p> <p>In an action to recover a balance due upon account, it is error to non-suit the plaintiff, when it appears from the evidence that he had given an order to a third party for the sum due from defendant, on the supposition that it was a certain amount, but in fact, as the evidence showed, there was a further balance due him. r</p> <p>Where a witness is put upon the stand to identify the signature to a receipt which was claimed to have been given such witness, as defendant’s agent, in full of account, and was offered for the purpose of proving payment, such witness may be properly cross-examined as to the moneys he has received and paid out for and on account of the plaintiff.</p>