State Bank v. Morrison

Citations

• 85 Wash. 182
• 147 P. 875
• 1915 Wash. LEXIS 1266

Syllabus

<p>Depositions — Objections-—-Waiver. A general objection to the reading of a deposition of a witness at the time it was offered in evidence, without basing the objection upon some specific ground of inadmissibility, waives the necessity of the opposing party proving that the deposition was authorized under the statute.</p> <p>Bills and Notes — Indorsement—Consideration. Under Rem. & Bal. Code, § 3415, providing that every negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have become a party thereto for value, the burden is upon an accommodation indorser to show that the indorsement was without consideration to him or to the makers.</p> <p>Bills and Notes- — Actions—Sufficiency of Evidence — Consideration for Indorsement. In an action on a promissory note, consideration for a guarantee by an accommodation indorser, is sufficiently shown, where there was evidence that the bank examiner was requiring payment or securing of four certain notes held by the hank, all executed by the same makers; that the president of the hank entered into an agreement with defendant, who was interested with the makers and had previously accommodated them, not to bring suit on the note if the latter would guarantee the note in controversy; that defendant did guarantee the note in consideration that suit should not be immediately brought thereon; and paid interest and acknowledged his personal liability thereon; and that, as part of the same transaction, the president of the bank had himself taken up the three other notes so that suit might not be brought thereon.</p>