Zilke v. Woodley

Citations

• 36 Wash. 84
• 78 P. 299
• 1904 Wash. LEXIS 520

Syllabus

<p>_ Trial — Demand for Jury — Waiver. A demand for a jury trial is waived where the trial is transfered to another judge, on the theory that the cause is of an equitable nature, with the suggestion that the party may save his right to a jury trial by a motion to remand, and no objection or motion to remand is made, and the trial is had without calling the trial judge’s attention to the demand.</p> <p>Assignment — Drafts Left With Bank — Directions to Apply Amount Collected. The delivery of drafts to a hank for collection, under an agreement between tbe payees and their creditor that the amount due him shall be credited to his account, amounts to an equitable assignment, and, upon collection by the bank, the title to the money passes to tbe creditor.</p> <p>Interpleader — Assignment of Drafts — Defenses—Previous Contract — Evidence—Admissibility. In an action of inter-</p> <p>pleader to determine conflicting claims to money collected by a bank, waged on the theory that the same had been assigned in payment of the amount due upon a contract, evidence in relation to the contract, which is not in dispute, is inadmissible, since the. claim for recovery is based on the assignment and not upon .the contract.</p> <p>Fraud — Contract to Locate Timber Claims — Rescission — Knowledge of Party — View of Premises. Where parties are seeking to recover money paid upon a contract, whereby they were located upon certain timber claims, for false representations respecting the location and character of the claims, it is not error to confine the testimony respecting fraud to tbe period after the parties returned from viewing the land, where, acting upon their own knowledge and with means of knowledge, they subsequently closed the transaction, and paid the balance due.</p> <p>Same — False Representations — Evidence—Sufficiency. Findings of the trial court against the claim of fraud and false representations respecting the location and character of timber claims, inducing a contract to