Bank of British Columbia v. Jeffs

*137The opinion of the court was delivered by

Gordon, J.

This is a second appeal. The case is fully stated in 15 Wash. 280 (46 Pac. 247). The present appeal is from an order, made on motion of the defendant at the close of the trial, discharging the jury and directing judgment for the defendant. The law of the case was stated on the former appeal as follows:

“ Where a creditor, without inadvertence or mistake, receives a payment of interest in advance on the note of a debtor, and does not expressly reserve the right to sue before the expiration of the period for which interest is taken, there is a…