Thomas v. Lee

Citations

• 74 Wash. 286
• 133 P. 446
• 1913 Wash. LEXIS 2039

Syllabus

<p>Appeal — Bond—Form. A supersedeas bond on appeal conditioned to pay the judgment, fairly indicating that it is given on behalf of the appellants, is sufficient, on objection first made in the supreme court, although the wife of one of the principals did not join as a principal in the bond.</p> <p>Money Lent — Evidence—Sufficiency. In an action for money lent to one acting for himself and as agent for another with whom he was alleged to be in business, findings for the plaintiff are sustained as to only the active party, where there was no proof of partnership • or agency or that the alleged principal ever obtained or used the money.</p> <p>Costs —On Appeal — Apportionment. Where a judgment for plaintiff is affirmed as to one of the defendants and reversed as to the other defendant and wife, all the defendants appearing by the same counsel, the costs on appeal are properly apportioned by allowing the plaintiff one-half of his costs against the defendant held liable, and allowing the other defendant and wife one-half of their costs against the plaintiff.</p>