Bank of Montreal v. Howard
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Poindexter, J., entered September 14, 1905, upon findings in favor of the plaintiff, after a trial before the court without a jury, in an action on a promissory note.
1Opinion of the CourtDunbar, J.
Action upon a promissory note alleged to have been executed and delivered by the defendants Howard and Kincaid to the defendant Lawry, and indorsed by him to plaintiff. Howard and Kincaid answered jointly, admitting the signing of the note, but alleged as affirmative defenses want of consideration, duress, nondelivery, and that the note was held by the plaintiff merely as collateral security for the payment of a debt- of $3,000 owing to it by Lawry. Lawry answered separately, but, inasmuch as he has not appealed from the judgment,- his answer is not material. The case was tried to the court…
2Cited by1 opinion
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