Scott v. Bourn

Citations

• 13 Wash. 471
• 43 P. 372

Syllabus

<p>APPEAL — STATEMENT OF FACTS—REMEDY FOR IMPROPER SETTLEMENT — SUFFICIENCY OF FINDINGS—EVIDENCE—CONSIDERATION FOR PROMISSORY NOTE.</p> <p>The appellate court cannot consider a statement of facts regardless of an amendment thereto made by the lower court, even if such amendment were erroneous, as the remedy of appellant is by mandamus to compel the lower court to settle a proper statement of facts.</p> <p>A finding of fact by the trial court, even in an equitable proceeding, will not be set aside upon appeal, unless there is a preponderance of evidence against it.</p> <p>The presumption that a promissory note is upon a sufficient consideration, aided by the positive testimony of the payee to that effect, is not overcome by the testimony of the maker that it was given without consideration, and merely to enable the payee to avail himself of an interest in certain moneys expected to be paid upon a contract held by the maker and payee against a third party, and that if the money was not paid under said contract the note was to be surrendered.</p>