Way v. Lyric Theater Co.

• Decision Date: 27 April 1914
• Docket Number: 11,618.
• Citation: 79 Wash. 275,140 P. 320
• Parties: WAY v. LYRIC THEATER CO. et al.
• Court: Washington Supreme Court

140 P. 320

79 Wash. 275

WAY v. LYRIC THEATER CO. et al.

No. 11,618.

Supreme Court of Washington

April 27, 1914

Department 1. Appeal from Superior Court, Spokane County; John B. Yakey Judge.

Action by Leroy B. Way against the Lyric Theater Company and others. Judgment for plaintiff, and defendants appeal. Affirmed.

John Salisbury, of Spokane, for appellants.

Tolman & King, of Spokane, for respondent.

GOSE J.

This is an action by the plaintiff, as an indorsee, to recover upon four promissory notes, each of which is in the following form, except as to the date of maturity, and with the further exception that one of the notes is drawn for $50:

'Spokane, Washington, Sept. 7, 1911.

'Four months after date we promise to pay to the order of American Manufacturing Company $100.00 at our place of business, for value received.

'Lyric Theater Company.

'Bert Muma.

'Theodore Peterson.

'James Anderson.

'G. H. Mueller.'

The defendants other than the Lyric Theater Company, a corporation, answered jointly, alleging in substance: (a) That the defendants' husbands executed the note as officers and trustees of the corporation defendant, and for and on its behalf, and not otherwise and that no consideration moved to them personally; and (b) that the respective communities received no benefit from the transaction. A judgment was entered against the defendants' husbands personally, and against the several communities. This appeal followed.

The court made five separate findings of fact, each of which bears a distinctive number. At the foot of the findings and conclusions of law, the appellants noted the following exception: 'The defendants except to the above findings of fact and conclusions of law by their attorney, * * * which exception is allowed.' The exception, under the repeated and uniform decisions of this court, is not sufficient to entitle the appellants to a review of the evidence. Pease v. Clayton, 62 Wash. 26, 112 P. 943, and cases there cited and reviewed.

Including other findings not here especially pertinent, the court found: '(2) That heretofore, to wit, on the 7th day of September, 1911, the defendants herein, being indebted to the American Manufacturing Company in the sum of $350, as evidence thereof made, executed, and delivered to the American Manufacturing Company, in the city of Lexington Tenn., their three certain promissory notes of even date, for $100 each, due respectively one, two, and four months after date, and at the same time and for the same consideration made, executed, and delivered their one promissory note for $50, due three months after date. * * * (3) That said notes were executed in consideration of the sale and delivery by said American Manufacturing Company to said Lyric Theater Company (of which company the said Bert Muma Theodore Peterson, James Anderson, and G. H. Mueller were at the time of the execution of said notes stockholders) of one automobile. That said automobile was purchased for the use and benefit of said corporation, and for the use and benefit of the stockholders thereof, and said auto was delivered to and received by said corporation.' The findings support the judgment.

We have...