Spokane Merchants' Ass'n v. Parry

Citations

• 60 Wash. 204
• 110 P. 991
• 1910 Wash. LEXIS 1028

Syllabus

<p>Appeal — Review—Pleadings—Amendments Considered as Made. An allegation in a complaint that plaintiff had received but $69,788.77 and expended $3,602.90 in conducting a business, will be considered on appeal as amended to conform to proof that upwards of $76,000 had been received and a corresponding increase expended, where the trial court considered the complaint sufficient and allowed each party to present his entire case.</p> <p>Mortgages — Insurance—Rights oe Mortgagor. Where a mortgage in trust for creditors stipulated that the mortgagor should keep the premises insured, he cannot, in an action to foreclose the mortgage, charge the trustee as mortgagee with the loss of property by fire which such mortgagee had failed to insure.</p> <p>Mortgages — Foreclosure—Trust Mortgage — Accounting. Failure oí the trustee to account for certain accounts and bills receivable will not prevent the trustee from foreclosing a mortgage given in trust for creditors, where enough appears to show the necessity for foreclosure; since he must fully account later for all receipts.</p>