Staver & Walker v. Missimer
Washington Supreme Court
Appeal from Superior Court, Snohomish County. Action by Staver & Walker against C. A. Missimer and H. W. Illman, copartners, and their wives, to foreclose two mortgages given to secure the sum of §2,044, evidenced by four notes, each dated November 10, 1890, one for §500, due March 10, 1891, and one for §500, due May 10,1891, one for §500, due July 10, 1891, and one for §544, due August 10,1891. The first note had been paid prior to suit.
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Appeal from Superior Court, Snohomish County. Action by Staver & Walker against C. A. Missimer and H. W. Illman, copartners, and their wives, to foreclose two mortgages given to secure the sum of §2,044, evidenced by four notes, each dated November 10, 1890, one for §500, due March 10, 1891, and one for §500, due May 10,1891, one for §500, due July 10, 1891, and one for §544, due August 10,1891. The first note had been paid prior to suit. Defendants admit the amount claimed in the complaint to be unpaid, but allege as an affirmative defense that prior to October 2G, 1891, the defendants were…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, C. J.
So far as the testimony in this case is concerned, it is very conflicting; but, considering all the circumstances in the case, especially the fact that appellant received additional security by the arrangement which was made, and the circumstances under which it was made, we do not feel justified in disturbing the findings of the trial judge who had the witnesses before him in the trial of the cause.
The legal questions are raised by the demurrer to the answer, the appellant contending — -(1) That the answer failed to state any…
Also in this document: Dissent.
2Cases cited2 opinions
- Robinson v. GodfreyMichigan Supreme Court · 1852
- Leslie v. ConwayCalifornia Supreme Court · 1881
3Cited by8 opinions
- Mattson v. Eureka Cedar Lumber & Shingle Co.Washington Supreme Court · 1914
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Pacific National Bank v. Aetna Indemnity Co.Washington Supreme Court · 1903
- Harris v. JohnsonWashington Supreme Court · 1913
- Commercial Bank v. HartWashington Supreme Court · 1894
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