Nicholson v. Neary
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Webster, J., entered February 11, 1913, upon findings in favor of the defendant, in an action on a promissory note, tried to the court.
1Opinion of the CourtChadwick, J.
Respondent gave a note payable to the order of appellant and for his accommodation. Later appellant sent the note to his attorneys at Spokane for collection. Respondent was unable to pay, and upon request of the attorneys and to prevent a present action, he gave a new note for the amount due on the first noté. This action was brought on the second note. Respondent answered denying consideration. After hearing the testimony, judgment was rendered in favor of respondent. Appellant was not present at the trial, nor was he a witness in his own behalf, although the court offered to adjourn the…
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