Preas v. Vollintine

Citations

• 53 Wash. 137
• 101 P. 706
• 1909 Wash. LEXIS 1283

Syllabus

<p>Bills and Notes — Dishonored Draft — Defenses—Want of Consideration — Evidence—To Vary Writing. It is a good defense to an action upon a dishonored draft, brought by the drawee against the drawer, that plaintiff had falsely represented to defendant that the proceeds of certain mining claims in which the parties had been interested and which now belonged to plaintiff had been deposited in hank to the credit of the defendant, and that defendant, relying thereon, and as an accommodation to plaintiff, had, without consideration, drawn the draft on the bank to enable plaintiff to draw down •the funds; and evidence of such fact does not vary the written instrument, but is admissible to show want of consideration, within Laws 1899, p. 340, § 28, making the same a matter of defense.</p>