Ritterhoff v. Puget Sound National Bank

Citations

• 37 Wash. 76
• 79 P. 601
• 1905 Wash. LEXIS 676

Syllabus

<p>Equity — Bills and Notes — Jurisdiction to Cancel Forged Notes. Equity has jurisdiction of au action brought to cancel a joint note, alleged by the plaintiffs to he a forgery, although the same may he past due, especially where one of the plaintiffs is an invalid, since there is danger of losing the evidence upon which the action is based before any adequate remedy at law can he obtained; and Bal. Code, §§ 6034-6038, providing for the perpetuation of testimony does not furnish effective means for preserving the evidence, or any adequate relief against the annoyance of such an outstanding claim.</p> <p>Same — Parties. In an action to cancel a joint note brought by two of the parties whose names purport to he signed thereto, on the allegation that their signatures were forged, the representatives of a third signer, since deceased, are proper hut not necessary parties plaintiff.</p>