Yakima National Bank v. Knipe

Citations

• 6 Wash. 348
• 33 P. 834
• 1893 Wash. LEXIS 296

Syllabus

<p>NEGOTIABLE INSTRUMENTS — EVIDENCE — ALTERATION OF NOTE— PRESUMPTION — OWNERSHIP—PROOF OF INCORPORATION — INTEREST— HARMLESS ERROR.</p> <p>Although a promissory note may show upon its face that it has been changed after it was originally written, yet, in a suit thereon, it may be offered in evidence, as the presumption is that the note was in the same condition when signed as when offered in evidence.</p> <p>The fact that plaintiff is a corporation may be prima facie established by parol proof that it is carrying on a general banking business as a national bank under the name by which it has brought suit, as judicial notice will be taken by the court of the general laws of the United States which authorize national banks.</p> <p>In an action upon a promissory note by an indorsee, who makes the payee a party defendant, the production of the note in evidence with an indorsement in blank thereon, is sufficient to prima facie establish the fact that the plaintiff is the owner.</p> <p>Under the legislation of this state the established rate of interest is ten per cent., and can be properly charged by national banks.</p> <p>The fact that the court, in an action upon a promissory note, assessed the amount of attorney’s fees due thereon, and added same to the verdict of the jury, is not prejudicial error.</p>