Legal Opinion

Ewell v. Turney

Washington Supreme Court

Decided August 18, 1905No. 5417PublishedCited by 10 opinions

Appeal from a judgment of the superior court for Lincoln county, Martin, J., entered June 20, 1904, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action upon a promissory note.

1Opinion of the CourtFullerton, J.

The appellants were the owners of certain mining property, and sold the same to the respondent, taking in payment therefor $250 in cash, and two promissory notes, one a secured note for $500, and the other an open note for $250. The last named note was not paid, and this action was brought to recover thereon. To the complaint, which was in the usual form, the respondent answered, admitting the execution and delivery of the note, and the allegation that it had not been paid, but averred that it was “expressly understood and agreed, by and between the parties, that the note aforesaid should not…

2Cited by10 opinions

  1. Hunter v. First National BankIndiana Supreme Court · 1909
  2. Sayre v. LeonardSupreme Court of Colorado · 1914
  3. First Bank of Cordova v. TjosevigWashington Supreme Court · 1926
  4. Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
  5. Nelson Equipment Co. v. GoodmanWashington Supreme Court · 1953

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