Legal Opinion

Arthur & Co. v. Burke

Washington Supreme Court

Decided February 1, 1915No. 12165PublishedCited by 33 opinions

Appeal from a judgment of the superior court for King county, Smith, J., entered March 21, 1914, upon findings in favor of the plaintiff, in an action on contract, tried to the court.

1Opinion of the CourtEllis, J.

This action was commenced on March 21,1912, upon three promissory notes, executed and delivered by the defendant to the plaintiff, dated February 15, 1901, at Portland, Oregon, for $200 each, and payable in two, four and six months, respectively. The plaintiff alleged the payment on March 21,1906, of $27.21 on. each note. The defendant in his answer alleged the execution and delivery of the notes at Spokane, Washington, denied the partial payments, and set up affirmatively the bar of the statute of limitations.

The evidence was conflicting. It is undisputed, however, that, for some time prior…

2Cases cited39 opinions

  1. Clementson v. WilliamsSupreme Court of the United States · 1814
  2. Harper v. . FairleyNew York Court of Appeals · 1873
  3. United States v. WilderSupreme Court of the United States · 1872
  4. Smith v. . RyanNew York Court of Appeals · 1876
  5. Morgan v. MorganWashington Supreme Court · 1894

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3Cited by33 opinions

  1. Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
  2. Cannavina v. PostonWashington Supreme Court · 1942
  3. Cost Management Services, Inc. v. City of LakewoodWashington Supreme Court · 2013
  4. Belcher v. Tacoma Eastern RailroadWashington Supreme Court · 1917
  5. Pessemier v. ZellerSupreme Court of Kansas · 1936

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