Gottstein v. Simmons
Washington Supreme Court
Appeal from a judgment of the superior court for King-county, Tallman, J., entered October 15, 1909, upon the verdict of a jury rendered in favor of the plaintiff, by direction of the court, in an action upon a promissory note.
1Opinion of the CourtParker, J.
This is an action upon a promissory note. The defense is based upon alleged fraud in the procuring of' the note and failure of consideration. At the close of defendant’s evidence offei’ed in support of his affirmative defense, the court, upon motion of counsel for plaintiff, directed the jury to render a verdict in plaintiff’s favor. Verdict and judgment were entered accordingly, and upon the denial of defendant’s motion for a new trial, he appealed to this court.
The complaint is in usual form and alleges:
“That said promissory note is in words and figures as follows, to wit:
“ '$400.00…
2Cases cited4 opinions
- Keene v. BehanWashington Supreme Court · 1905
- Ireland v. ScharpenbergWashington Supreme Court · 1909
- City National Bank of Lafayette v. MasonWashington Supreme Court · 1910
- Hotham v. BerrySupreme Court of Kansas · 1910
3Cited by5 opinions
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Rohweder v. TitusWashington Supreme Court · 1915
- Marsol Credit Co. v. West Coast Grocery Co.Washington Supreme Court · 1937
- Burnett v. StateCourt of Criminal Appeals of Oklahoma · 1934
- Higgins v. RadachWashington Supreme Court · 1942