Stevens v. Selvidge

• Decision Date: 08 October 1918
• Docket Number: 14638.
• Citation: 103 Wash. 683,175 P. 294
• Parties: STEVENS v. SELVIDGE et ux.
• Court: Washington Supreme Court

175 P. 294

103 Wash. 683

STEVENS v. SELVIDGE et ux.

No. 14638.

Supreme Court of Washington

October 8, 1918

Department 2. Appeal from Superior Court, Spokane County; Joseph Sessions, Judge.

Action by Fred L. Stevens against Clarence Selvidge and wife. Judgment for plaintiff, and defendants appeal. Affirmed.

C. T McDonald, of Spokane, for appellants.

J Milton Collins, of Spokane, for respondent.

MOUNT J.

This action was brought to recover upon two promissory notes, of $100 each. The complaint is in the usual form. For answer to the complaint the defendants admitted the execution of the notes, and for an affirmative defense alleged in substance that the notes sued on were renewals of two notes which were originally given for the purchase of perfumery and jewelry that the original notes were given, one for $150 and the other for $148, for perfumery and jewelry which were to be sold by the defendants within a year, and if not sold within that time they were to be taken back by the holders in payment of the notes; that the perfumery and jewelry were not as represented, were not sold, and within the year were tendered back to the holders of the notes, and by them refused; that thereafter another agreement was entered into by an agent of the original holders, wherein $98 worth of perfumery and jewelry was taken back, and two new notes, of $100 each, were issued, payable upon the same terms as the original notes.

Upon the trial of the case the plaintiff proved that he had purchase these two notes for value, one of them from the Iowa State Bank and the other from C. W. Harrison. Thereupon the defendant Selvidge testified substantially as he has alleged in his affirmative defense: That after the original notes were executed for $298 an agent representing the original holders of the notes demanded payment thereof, and upon that demand a settlement was made by which Mr. Selvidge had turned back $98 worth of goods and given two notes for $100 each one to the Iowa State Bank, which had purchased one of the original notes, and the other to C. W. Harrison, who had purchased the other of the original notes; that at that time there was an agreement that if the goods were not sold within a certain time they might be taken back and the notes thereby paid. Upon this state of facts the court concluded that the plaintiff was holder in due course in good faith, and that there was no evidence that the plaintiff...