Richardson v. Agnew

Citations

• 46 Wash. 117
• 89 P. 404
• 1907 Wash. LEXIS 571

Syllabus

<p>Corporations — Receivers—Collection of Assets. In an action by a receiver of a corporation to recover money misappropriated by an officer of tbe corporation, a nonsuit should not be granted for failure to show that the receiver was the owner of the claim, where plaintiff’s evidence did not affirmatively show that the corporation had parted with its interest therein.</p> <p>Trial — Reopening Case — Discretion of Court. It is within the discretion of the court to reopen a case' for the introduction of further testimony, after motion for nonsuit is made, and no abuse appears where no prejudice or surprise is shown.</p> <p>Evidence — Hearsay. Declarations claimed to have been made to a disinterested witness by the vendor of logs, since deceased, are inadmissible as hearsay upon an issue as to the making of the sale.</p> <p>Trial — Evidence—Objections—Sufficiency. It is not error to exclude hearsay evidence, expressly stating that ground, although the same was only objected to as evidence of conversations with a deceased person.</p> <p>Trial — Verdict—Excessive Verdict — Mistake—Correction by Court. A verdict for $1,472.80 will not be held to be the result of passion or prejudice from the fact that, from certain figures and argument, counsel seemed to have conceded that the amount should not exceed $1,167.10, but rather of a mistake on the part of the jury, authorizing its correction by the court, where the evidence was very conflicting, many items were in dispute, and the amount found was less than the complaint claimed and which might have been allowed under the instructions.</p> <p>Appeal — Review—Verdict. The weight and preponderance of the evidence is for the jury where the evidence is conflicting.</p>