Stossel v. Van De Vanter

Citations

• 16 Wash. 9
• 47 P. 221
• 1896 Wash. LEXIS 2

Syllabus

<p>ESTOPPEL BY CONDUCT—CONVEBSION—TITLE OF PLAINTIFF — WITNESS — SCOPE OF EXAMINATION.</p> <p>Estoppel cannot be pleaded as a defense, when it does not appear that the defendants were misled by the conduct of plaintiffs, nor that they were induced thereby to act differently than they would have done.</p> <p>In an action of conversion, the right of plaintiffs to maintain the action is not affected by the fact that the plaintiffs had delivered to a third person an instrument in the form of a bill of sale of the property in issue, which was intended merely as a mortgage to secure advances made.</p> <p>Where a witness has already testified as to the entire conversation between himself and another respecting certain personal property referred to as “ stuff,” it is not error for the court to exclude a question calling for the witness’s conclusion as to what property was referred to.</p> <p>Where it is sought by the defendants to show a fraudulent scheme on the part of plaintiffs and a third person, the state of feeling existing between a witness and such third person is a proper subject of examination for the purpose of estimating the credit to be given to the testimony of the witness.</p>