Peterson v. Nichols
Washington Supreme Court
Appeal from a judgment of the superior court for Lincoln county, McCroskey, J., entered November 8, 1913, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for contribution.
1Opinion of the CourtHolcomb, J.
This case was here on a former appeal and reported in 71 Wash. 656, 129 Pac. 373. A summary of the pleadings is there set forth, the pleadings being in the same state at the last trial as at the first.
In the former decision, it was held that appellant should have been permitted to offer testimony tending to prove the terms of the guaranty and their breach. The burden would then have devolved upon respondents to prove that the Bank of Commerce was a holder in due course. At the last trial of the case, respondents did not rely upon the proposition that the Bank of Commerce, which had obtained a…
2Cases cited3 opinions
- Ross v. WillettNew York Supreme Court · 1894
- Hoxie v. Farmers & Mechanics National BankCourt of Appeals of Texas · 1899
- Peterson v. NicholsWashington Supreme Court · 1913
3Cited by4 opinions
- Hagerman v. SchulteIllinois Supreme Court · 1932
- Trust No. 5833, Security-First Nat. Bank of Los Angeles v. WelchCourt of Appeals for the Ninth Circuit · 1931
- Bosteder v. DulingNebraska Supreme Court · 1928
- Dulien Steel, Inc. v. Lampson Railroad Contractors, Inc.Court of Appeals of Washington · 1974