Northwestern National Bank v. Pearson
Northwestern National Bank v. Pearson
Opinion of the Court
This is an action on a $5,000 demand note, given by appellant, defendant, to respondent.
The complaint is in the usual form, and alleged demand and nonpayment. The answer admits the making of the note, that respondent is the holder thereof, and denies the other allegations of the complaint. Affirmatively, the answer gives a history of the making of the note, and presents counterclaims to the effect that appellant is a general contractor and as such procured a
It is evident that if appellant has failed to prove the general oral contract with respondent for money as needed to the extent of $50,000, then there is no occasion to consider the alleged counterclaims, nor the many questions of fact and law suggested thereby.
Sometime after commencing the work in Portland, appellant first saw the hank, and at that time, on request, appellant furnished a financial statement which
The foregoing are the salient features of the proof in this case, and we are of the opinion that the trial court was right in determining that appellant failed to show a contract such as is alleged in the answer; and, among other things in the proof strongly inducing this view, is the fact that the note in suit, by its terms, is payable on demand, while confessedly it was thought at that date by the parties that the work would not be finished for a year or more.
The only remaining question raised by appellant is that of demand for payment of the note prior to bringing the suit. It is shown by the record that, on three different occasions after appellant returned from the east, respondent by letter demanded payment of this note, one of which letters was addressed to appellant at his address in Seattle according to directions as to his residence or place of business indorsed on the note at the time it was made, all three of which letters were in the possession of appellant and produced upon demand at the trial of this cause. Besides, remembering that the note in suit, by its terms, is made payable at the office of the bank, the law of this state is as expressed in the case of Hardin v. Sweeney, 14 Wash. 129, 44 Pac. 138, where we quoted from Bridge Co. v. Perry, 11 Ill. 467, as follows:
“Nor is a presentment necessary, on a bank note payable on demand at a particular place. The bringing of a suit is a sufficient demand of payment.”
Finding no error in the record, the judgment will be affirmed.
Main, C. J., Fullerton, Parker, and Tolman, JJ., concur.
Reference
- Full Case Name
- Northwestern National Bank of Portland v. Alexander Pearson
- Cited By
- 2 cases
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- Published
- Syllabus
- Banks and Banking — Contracts — Agreement for Loan — Evidence—Sufficiency. The evidence sustains findings that a bank did not agree to extend a credit of $50,000 to finance a contract, where all the negotiations were with the bank’s vice president, who testified that he informed the contractor he could not make a loan in excess of $10,000 without approval of the discount committee, that he authorized a loan for $5,000 pending investigation and demand note was given therefor, and it appears that the discount committee declined to approve the credit and notice of such declination was. immediately given. Bills and Notes—Actions—Demand. A demand is not a prerequisite to suit upon a demand note, made payable at the office of the plaintiff bank, the bringing of suit being a sufficient demand.