Wheatman v. Kane

Citations

• 55 Wash. 226
• 104 P. 258
• 1909 Wash. LEXIS 739

Syllabus

<p>Pleadings — Demurrer—Defects Cured by Evidence. The objection that a petition does not state sufficient facts to support the findings, cannot be urged where no demurrer was interposed to the petition or objection made prior to the trial, and the evidence admitted cured any defect in the pleading.</p> <p>Fraudulent Conveyances — Good Faith — Evidence. The evidence is sufficient to support findings of the good faith of an assignment of proceeds of insurance policies to a debtor’s brother, where it appears that he held a tona fide second mortgage upon the property destroyed by fire, of which the agent was informed when the policies were written, that his claim was recognized by the first mortgagee to whom the policies were payable as his interest might appear, and by the insurance companies before garnishment, and that the assignment and proofs of loss recognizing the same were made before the issuance of the writs of garnishment.</p>