Shultz v. Crewdson

Citations

• 95 Wash. 266
• 163 P. 734
• 1917 Wash. LEXIS 785

Syllabus

<p>Bills and Notes — Bona Fide Purchaser — Overdue Interest — Notice oe Dishonor — Evidence—Sufficiency. Dishonor of a note purchased before maturity of the principal sum is not shown by the mere fact of overdue interest at the time the note was taken.</p> <p>Same — Notice of Dishonor-Evidence — Sufficiency. Notice of dishonor of a note, taken with overdue interest, is not shown by the fact that the interest was seven months overdue, that the relations between the payee and the purchaser were intimate, that there were serious business difficulties between the maker and the payee, and that a credit of a partial payment of interest was other than it purported to be, where the purchaser had no notice of any bad faith.</p> <p>Same — Action by Holder — Parties—Indorsee. One holding a note in due course as collateral for a debt may maintain an action against the maker, to the extent of the debt, without joining the payee who is not a necessary party.</p> <p>Pleading — Amendments—Trial — Reopening Case — Discretion. In an action on a note' by one holding it as collateral security for an indebtedness- from the payee, in which there was no allegation or proof of such indebtedness, it is discretionary, upon motion for a nonsuit, to reopen the case for an amendment of the complaint and proof of indebtedness to the plaintiff.</p> <p>Appeal — Review—Harmless Error. The exclusion of testimony as improper cross-examination is harmless where the party was afterwards permitted to introduce it on direct examination by making the witness his own witness.</p>