Rohweder v. Titus

Citations

• 85 Wash. 441
• 148 P. 583
• 1915 Wash. LEXIS 852

Syllabus

<p>Bills and Notes — Actions—Question for Jury — Holder in Due Course. In an action on a promissory note, whether plaintiff was a holder in due course is a question for the jury, where his claim depended upon the credibility of his testimony, which was disputed hy the circumstances, such as his purchase of the note without inquiry into the solvency of the maker or calling upon him personally, and uncertainty in his testimony as to whether the check given by him to the payee of the note was for the note or some other business transaction.</p> <p>Aepeal — Harmless Error — Prejudicial to Respondent. Error prejudicial to respondent in the admission and exclusion of evidence cannot he taken advantage of hy appellant.</p> <p>Same — Conduct of Trial — Argument of Counsel. Misconduct of counsel in argument to the jury is not prejudicial error, where the trial court cautions the jury to decide the issues upon the evidence and not upon the statements of counsel.</p>