Rattelmiller v. Stone

Citations

• 28 Wash. 104

Syllabus

<p>TRIAL-REFUSAL TO STRIKE PLEADINGS-HARMLESS ERROR.</p> <p>The refusal of the court to strike out a paragraph of a complaint alleging the insolvency of a bank was not prejudicial error, where such insolvency was shown without objection during the trial of the cause.</p> <p>SAME- — - ADMISSION OF EVIDENCE.</p> <p>The admission in evidence of a written instrument, which is incorrectly described in plaintiff’s complaint, is not error of which defendant can complain, when the instrument is properly pleaded in defendant’s answer and correctly described in plaintiff's reply.</p> <p>GUARANTY-CONSIDERATION-NON-SUIT.</p> <p>In an action against a guarantor upon a certificate of deposit, the defendant is not entitled to a non-suit on the ground of want of consideration, when the certificate showed an extension of time of payment written across its face and when defendant’s guaranty, which was .indorsed on the back, but undated, recited that it was made for a valuable consideration, and when there was evidence of defendant’s consent to the extension of time, although the proof upon the issue as to whether the guaranty or the extension was the prior act of the parties or whether they were in fact one transaction, was conflicting.</p> <p>SAME-INSTRUCTIONS.</p> <p>In an action to recover upon a certificate of deposit from a guarantor who is alleged to have guaranteed payment in consideration of an extension being granted to the bank* of issuance, where there was evidence that defendant was a managing director of the bank, and that the bank officers were attempting to obtain money for the purpose of tiding over a financial crisis, it was not error for the court to charge the jury that if they found defendant “was the managing director of the bank at the time of the extension, you have a right to consider that, along with all the other circumstances in arriving at a conclusion as to whether or not he approved or consented to the extension.”</p> <p>SAME-COMMENT ON EVIDENCE.</p> <p>