Metzger v. Sigall

• Decision Date: 30 December 1914
• Docket Number: 12184.
• Parties: METZGER v. SIGALL. SAME v. LLOYD.
• Court: Washington Supreme Court

145 P. 72

83 Wash. 80

METZGER v. SIGALL.

SAME v. LLOYD.

No. 12184.

Supreme Court of Washington

December 30, 1914

Department 2. Appeal from Superior Court, Pierce County; C. M Easterday, Judge.

Two actions, both by F. D. Metzger, and against A. Sigall, the other against Wesley Lloyd. Judgment for plaintiff, and defendants appeal. Affirmed.

Jas. J Anderson, of Tacoma, for appellants.

Hayden & Langhorne, of Tacoma, for respondent.

FULLERTON J.

Some time prior to the year 1909, one Mary E. Theisz, a resident of the state of Oregon, advanced to E. D. Wilcox, a resident of this state, certain moneys to be loaned on real estate security. A loan of $1,500 was made to a person by the name of Huston, who subsequently paid to Wilcox $500 on the principal of the loan and $120 interest. Wilcox then informed Mrs. Theisz that he had an opportunity to make another real estate loan for $1,000, and would make the loan for her if she would forward him money enough to make up the difference between the money he had on hand and the amount required to complete the loan. She forwarded him the difference, whereupon he informed her that the opportunity to make the anticipated loan was gone, but that he could loan the money, if she wished him to do so, upon unsecured notes. She assented to the latter proposition, and shortly thereafter he forwarded her two notes, the one for $600 dated November 25, 1909, due one year from date, signed by A Sigall as maker; and the other for $400, dated January 28 1910, due on November 25, 1910, signed by Wesley Lloyd, as maker. On each of the notes Wilcox placed his own indorsement, guaranteeing the payment of the note at maturity. Later on Mr. Wilcox reported a collection on account of the first note of $24 and on the second note of $16, which sums were credited on the respective notes by Mrs. Theisz under the dates of June 2, 1910, and July 28, 1910. The notes were not paid at maturity, and later on Mrs. Theisz assigned them to the respondent in this action for collection.

On August 22, 1913, the assignee of the notes began separate actions in the superior court of Pierce county against the makers of the notes, and Wilcox as guarantor, to enforce collection of the same. Wilcox made default in each of the actions, although personally served with summons. Sigall answered the complaint, denying the execution of the note, and alleging affirmatively that, if the note was in fact signed by him, his signature was procured by Wilcox, while acting as the agent of the appellant, by misrepresentation and deception, and without knowledge on his part of the nature and character of the instrument, and without any consideration passing to him for signing the same. Lloyd's answer was of similar purport. Replies were filed denying the affirmative matter set forth in the answers, after which the actions were consolidated for trial, and were heard by the court sitting without a jury. Judgment went in favor of the plaintiff, and the makers of the notes appeal.

At the trial the genuineness of the signatures to the notes was admitted by the defendants. Each testified, however, that he had no recollection of the circumstances surrounding the execution of the notes, or knowledge of the manner by which his signature thereto was obtained, but each was confident that he did not sign it with knowledge of the character of the instrument, and that he had received no consideration for its execution.

But notwithstanding the somewhat positive character of this testimony, we are inclined to the opinion that the court's judgment was right on the facts. There was no attempt to prove the allegations in the answers to the effect that the signatures were procured by misrepresentation or deception, further than misrepresentation and deception can be inferred from the testimony recited. The instruments are in themselves strong witnesses against the appellant's claim that they signed them without knowledge of their character. The notes were filled out from standard printed forms in common use generally throughout the state. The printed matter is in black ink upon a green...