Port Townsend Southern Railroad v. Weir

Citations

• 15 Wash. 507
• 46 P. 1044
• 1896 Wash. LEXIS 234

Syllabus

<p>ACTION ON PROMISSORY NOTE — SUFFICIENCY OF ANSWER — FAILURE OF CONSIDERATION — SUFFICIENCY OF EVIDENCE.</p> <p>In an action upon a promissory note, plaintiff is not entitled to judgment on the pleadings when the answer admits the execution of the note but alleges a failure of consideration, and also that the defendant’s signature was obtained by fraud.</p> <p>In a suit upon a promissory note for $250 given by defendant to plaintiff as part of a subsidy for the construction of a railroad from the city of Port Townsend to connect with a transcontinental line of railway, in accordance with a bond for $1,000 conditioned that, if twenty miles of road were completed by a certain date, $250 should become due and the balance upon the completion of the road as a whole, a verdict for defendant will not be disturbed when no more than the first twenty miles had been constructed and the issue submitted to the jury was as to whether or not the note in suit was to cover a portion of the second installment instead of the first, as it must be presumed from their verdict that they found the note was given as a part of the second installment, for which there was admittedly no consideration.</p>