Washington Seminary v. Hunt

Citations

• 45 Wash. 571
• 88 P. 1034
• 1907 Wash. LEXIS 515

Syllabus

<p>Execution- — Supplementary Proceedings — Property Subject— Bills and Notes — Payment. Where a note for $7,200 owned by defendants was given to a missionary society with the understanding that the society should support the defendants if they should come to want, which -event occurred when all but $1,800 of the note had been paid, an agreement, whereby the society surrendered the note to the makers in consideration of their agreement to support the defendants, is valid and extinguishes the note, whether or not the original transaction was invalid as to dona fide creditors of the defendants; hence upon supplementary proceedings upon a prior judgment against defendants, to recover a balance due on the note in the hands of the makers, it is properly found that the makers have no property in their possession belonging to the defendants.</p>