Pickle v. Lincoln County State Bank

• Decision Date: 07 January 1911
• Citation: 61 Wash. 545,112 P. 654
• Parties: PICKLE v. LINCOLN COUNTY STATE BANK et al.
• Court: Washington Supreme Court

112 P. 654

61 Wash. 545

PICKLE v. LINCOLN COUNTY STATE BANK et al.

Supreme Court of Washington

January 7, 1911

Department 1. Appeal from Superior Court, Lincoln County; Henry L Kennan, Judge.

Bill for an accounting by J. R. Pickle against the Lincoln County State Bank and others. From a judgment for defendants plaintiff appeals. Affirmed.

John M Gleason and Joseph F. Morton, for appellant.

A. J Hibschman and Sessions & Warren, for respondents.

PER CURIAM.

This is a bill in equity for an accounting. There was a judgment for the defendants. The plaintiff has appealed.

The complaint alleges, in substance, that the respondents induced the appellant to execute a note and mortgage for $11,000 upon the representation that they were drawn for $1,100, and that the latter amount represented the entire indebtedness of the appellant to the respondent. It appears from the evidence that there was a settlement between the parties on June 6 1908. At that time the appellant and his wife executed their note and mortgage for $11,093. The appellant and his wife and the respondents on the same day signed a statement that they had settled and adjusted all their prior business transactions, that there was due from the appellant and wife $11,093, and that they would execute their note and mortgage for that amount. Some time after the settlement was completed, a representative of the appellant demanded a further statement from the respondents, and they said to him that they would furnish it if the appellant and wife would produce their bank books and checks, and that, if appellant and wife desired, they would have the bank books examined and an account made by an expert accountant. This offer was not accepted. At a later date the books of the bank were examined by an attorney for appellant, and he reported to appellant and wife that, if there was any discrepancy in the accounts, it was in their favor. One of the respondents while being cross-examined several times stated that there was a record of the matters which made up the $11,093, and that with very little delay he could produce it. But appellant insisted upon his stating the transactions without the aid of the books. The witness finally said: 'I should think, if you wished to know, I could get it for you in a minute.' He, however, did give a statement from memory which showed that on the day of the settlement the appellant and wife were owing a number of...