Tootle v. First National Bank
Washington Supreme Court
Appeal from Superior Court, Clallam Cou/nty. Action by Kate Tootle, W. E. Hosea, W. W. Wheeler, Joshua Motter and Frances S. Tootle, partners as Tootle, Hosea & Co., against the First National Bank of Port Angeles, to recover the sum of §783.33 and interest.
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Appeal from Superior Court, Clallam Cou/nty. Action by Kate Tootle, W. E. Hosea, W. W. Wheeler, Joshua Motter and Frances S. Tootle, partners as Tootle, Hosea & Co., against the First National Bank of Port Angeles, to recover the sum of §783.33 and interest. The facts are as follows: On April 20, 1891, the Port Angeles Mercantile Company was indebted in a sum exceeding §7,000, included in which sum was its indebtedness to plaintiffs, amounting to §759.38. A portion of the indebtedness had been guaranteed by the cashier of the defendant, a national bank. On that date the B. F. Schwartz Co., a…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
We think there can be no question that the bill of sale of the property of the Mercantile Company was intended as a mortgage to secure the payment of the *183notes. This is apparent both from the testimony and from the answer, and the only serious question in the case to consider is whether the bank is bound by the action of its officers in the transaction upon which this suit is based. This fact seems certain from the testimony, viz., that the bank has received property worth about §7,000, when its claim was only §2,000. It is not necessary to…
2Cases cited1 opinion
- Railway Co. v. McCarthySupreme Court of the United States · 1878
3Cited by23 opinions
- Union Savings & Trust Co. v. KrummWashington Supreme Court · 1915
- Allen v. Olympia Light & Power Co.Washington Supreme Court · 1895
- Wheeler, Osgood & Co. v. Everett Land Co.Washington Supreme Court · 1896
- Creditors Claim & Adjustment Co. v. Northwest Loan & Trust Co.Washington Supreme Court · 1914
- United States Fidelity & Guaranty Co. v. Cascade Construction Co.Washington Supreme Court · 1919
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