Scandinavian American Bank v. Puget Sound Machinery Depot

Citations

• 79 Wash. 599
• 140 P. 901
• 1914 Wash. LEXIS 1239

Syllabus

<p>Fraud — Misrepresentations—Evidence—Supetciency. Findings that money paid to defendant on an assignment of a conditional sales contract was secured by fraud are sustained, where it appears that machinery had1 been sold by the defendant to a bankrupt, on the conditional sales contract, the full purchase price not being paid, and the plaintiff having an inferior lien on the property, negotiations were had looking to the plaintiff’s paying the balance due on defendant’s lien and taking the property, that the defendant falsely represented the balance due to the extent of $504.40, including the amount of other unsecured claims of the defendant against the bankrupt, knowledge of which was suppressed, and that plaintiff relied on the representations, after asking for a guaranty that the sum was due on the contract, which defendant assented to, and added to the assignment, in pencil, the words “which is guaranteed the balance due from the above named company.”</p> <p>Chadwick, J., dissents.</p>