Pilling v. Morse

Citations

• 5 Wash. 797
• 32 P. 748
• 1893 Wash. LEXIS 70

Syllabus

<p>PLEADING AND PROOF — VARIANCE — HARMLESS ERROR—INSTRUCTIONS.</p> <p>In an action upon a promissory note, in which the complaint alleged that plaintiff had loaned defendant the money, there is no variance when the evidence shows that the money had been loaned to defendant by the plaintiff’s wife, but was in fact the plaintiff’s money.</p> <p>Error in permitting a leading question to be asked is harmless when the question is upon an immaterial matter.</p> <p>Where, in an action for $100 money loaned, it is brought out on cross-examination of the plaintiff that he had previously loaned the defendant $100, which had been paid, there is no error in the court’s charging that “the court will instruct you on this point . . . that this $100 is the $100 which the plaintiff claims was loaned by Mrs. Pilling to the defendant, not any other; . . . the court called your attention to thatparticularly for the purpose of impressing on your minds that we are not trying any other $100 transaction between the parties, and the testimony in this case has fixed this $100 transaction, and unless that occurred the plaintiff cannot recover on that.”</p>