Southwestern Resolution Corp. v. Watson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that issue may be tried by consent where there is both failure to object to testimony and failure to object to submission to jury
• holding that unpleaded affirmative defense of payment on note was tried by consent when opposing party did not object to conflicting testimony that payment was made or to submission of issue to jury
• holding unpleaded affirmative defense of payment on a note was tried by consent when the opposing party did not object to testimony about whether payment was made
• concluding same in 22 context of a jury trial where no objections were raised to testimony relevant to the issues or when issues were submitted to the jury
• stapling allonge to instrument is enough to “affix” it and render the allonge operative
• “The issue here is not how the documents were attached . . . but whether the way they were attached satisfied the policies expressed in the statute.”

Source: CourtListener parenthetical corpus (CC0).