Richards v. Jefferson

• Court: Washington Supreme Court
• Writing for the Court: SCOTT, C.J.
• Citation: Richards v. Jefferson, 20 Wash. 166, 54 P. 1123 (Wash. 1898)
• Decision Date: 12 November 1898
• Parties: RICHARDS v. JEFFERSON ET AL.

54 P. 1123

20 Wash. 166

RICHARDS v. JEFFERSON ET AL.

Supreme Court of Washington

November 12, 1898

Appeal from superior court, Spokane county; Leander H. Prather Judge.

Action by Henry M. Richards, receiver of the Washington Savings Bank, against T. E. Jefferson and others. From a judgment for plaintiff, defendants C. D., Peter, and Lizzie D. Porter appeal. Affirmed.

W. B Heyburn, E. M. Heyburn, and L. A. Doherty, for appellants.

Stephens & Bunn, for respondent.

SCOTT C.J.

This was an action upon 14 promissory notes executed at various times, commencing with January 2, 1893, and ending on May 25 1893. All of them were made payable to the order of T. E Jefferson, at the Washington National Bank of Spokane, and they all purported to be executed by the Custer Mining Company, by T. E. Jefferson. Some of them contain opposite his signature the letters "Mgr." as an abbreviation for "Manager." The action was brought against the defendants T. E. Jefferson, W. H. Taylor, C. D. Porter, and Peter Porter, as members of the co-partnership called the Custer Mining Company. Charlotte E. Taylor and Lizzie D. Porter were made defendants, as wives of certain of the other defendants, in order to reach community property. At the close of the plaintiff's testimony, the defendants moved for a nonsuit, which was denied; and, the judgment going for the plaintiff upon the trial, certain of the defendants have appealed.

Some of the errors assigned are not argued, and are evidently abandoned. The first part of appellants' argument is directed to the proposition that Jefferson had no authority to execute the notes in question; but we think this is eliminated from the case for the reason that a subsequent ratification was shown by an instrument which appears in the record, a portion of which relating thereto reads as follows "This memorandum of agreement, made this 8th day of August, 1893, between Carey D. Porter, Peter Porter, William H. Clagett, Thomas E. Jefferson, and William H. Taylor, of the first part, and the Washington National Bank of Spokane Falls and W. B. Roberts, receiver of the Washington Savings Bank, as parties of the second part, witnesseth: That whereas, heretofore and now the said parties of the first part constitute the co-partnership known as the Custer Mining Company, and, as such, are the owners of the Custer Mine and other mining properties and certain personal property used in the...