Pitt v. Little

Citations

• 58 Wash. 355
• 108 P. 941
• 1910 Wash. LEXIS 940

Syllabus

<p>Evidence—Presumptions—Foreign Laws. In an action on a promissory note executed in a foreign country, it will be presumed, where nothing appears to the contrary, that the laws of that country were the same as our own.</p> <p>Bills and Notes—Consideration. The debt of a corporation and an extension of time for payment is sufficient consideration for the execution of the personal note of the president of the corporation.</p> <p>Bills and Notes—Defenses—Collateral Agreement—Evidence —To Vary Writing. The maker of a promissory. note upon sufficient consideration cannot, in the absence of fraud or mistake, set up any collateral agreement exempting him from liability.</p> <p>Alteration of Instruments—Materiality. Memoranda or notations upon a promissory note which did not change the date, sum payable, time of payment, parties, medium or place of payment, and which did not alter the note in any respect, do not constitute a material alteration avoiding payment.</p> <p>Buis and Notes—Release—Bx Parol—“Renunciation.” Under Rem. & Bal. Code, •§ 3512, requiring the “renunciation” oí rights against the maker of a promissory note to he in writing unless the note is delivered up, the maker cannot show an oral agreement to release him from liability when the. note was not surrendered, as “renunciation” is used in the statute in the sense of “release.”</p>