Timewell Investment Co. v. Beckwith

Citations

• 116 Wash. 102
• 198 P. 735
• 1921 Wash. LEXIS 803

Syllabus

<p>Evidence (52)—Competency—Res Gestae—Acts Accompanying Transaction—Book Entries. Where the issue in an action was as to whether a person who purchased certain judgments against real property was acting as the agent of the plaintiff or of the defendant, book entries made at the time of purchasing the judgments were admissible as a part of the res gestae in favor of the one making them to show the capacity in which he acted, to corroborate testimony as to the transaction, and to rebut inferences that might be drawn or attempted to be drawn if the books were not produced.</p> <p>Principal and Agent (9)—Evidence—Weight and Sufficiency. In an action to establish a trust arising from the procurement of the assignment of a judgment by a person alleged to be acting as agent for plaintiff, held that the burden of proof- resting upon plaintiff to prove the agency was not sustained by a preponderance of the evidence.</p>