Volume 125 — Washington Reports

<p>Appeal from a judgment of the superior court for Walla Walla county, Mills, J., entered September 9, 1921, upon findings in favor of the defendant, in an action in replevin, tried to the court.</p>

, entered March 11, 1922, upon findings in favor of the plaintiffs, in an action to recover property levied npon under execution, tried to the court.

<p>Appeal from air order of the superior court for King county, Gilliam, J., entered September 18,1922, settling the final accounts of administrators, after a hearing before the court.</p>

<p>Appeal from a judgment of the superior court for King county, Bonald, J., entered April 17, 1922, upon sustaining a demurrer to the complaint, dismissing an action for equitable relief.</p>

<p>Sales (179-1)—Conditional Sales—Assignment of Contract— Effect—On Title to Property. The vendor’s assignment of -a conditional sales contract of an auto truck for the purpose of security, does not make the assignee a purchaser of either the contract or of the property, but passes only the right to collect the money due and apply it to the payment of the debt secured.</p> <p>Same (179-1)—Conditional Sales—Assignment of Contract— For Security—Effect—Innocent Purchasers—Title. The vendor’s assignment of a conditional sales contract of a truck, for the purposes of security, cannot be upheld as a pledge or chattel mortgage of the vendor’s reserved title or interest as against innocent purchasers from the vendor; since there can be no valid pledge without delivery of the thing pledged, and no valid mortgage creating a secret lien without a due writing and notice, actual or constructive.</p> <p>Estoppel (35-1)—-Equitable Estoppel—Loss by Innocent Party —Taking Secret Security. A bank taking the vendor’s assignment of a conditional sales contract for the purposes of security, without any notice of record of its interest, when it might have'secured itself by a chattel mortgage of the vendor’s reserved title, giving the world notice of its claim, must suffer the loss sustained by innocent purchasers, upon the vendor’s fraudulent retaking possession and disposing of the property without notice to the bank.</p>

<p>Appeal from a judgment of the superior court for Thurston county, Wright, J., entered December 26, 1922, upon sustaining a demurrer to the petition, dismissing proceedings to review orders of the department of public works fixing values for rate-making purposes.</p>

<p>Appeal (35)—Decisions Reviewable—Amount in Controversy— Value op Property Claimed. In claim and delivery to recover property levied upon, the test of the jurisdiction of the appellate court is the value alleged in the complaint, if the demand appears to have been made in good faith.</p> <p>Execution (35-1)—Claims by Third Persons—Title to Property —Evidence—Sufficiency. Findings that property levied upon and claimed by plaintiff on a redelivery bond was the property of the defendant are sustained by evidence that a bill of sale of the property ran to him, he had possession of it, and paid the taxes, and leased it as his property.</p>

, entered September 14, 1921, in favor of the defendants, notwithstanding the verdict of a jury rendered in favor of the plaintiff, in an action for conversion.

<p>Appeal from a judgment of tbe superior court forCowlitz county, Kirby, J., entered September 11, 1922, upon findings in favor of tbe defendant, in an action to cancel a tax, tried to tbe court.</p>

<p>Evidence (146)—Pabol Evidence to Vaby Writing—Collatebal Loan Agbeement. A writing pledging collateral to a bank to secure advances cannot be varied by parol evidence that it applied to only one transaction, when it declared that it shall apply to all dealings heretofore or hereafter had with the bank, and that no provision shall be deemed waived unless in writing and signed hy the bank.</p> <p>Pbincipal and Agent (49, 52-1)—Liabilities of Agent to Thibd Pebson—Undisclosed Agency—Liability of Agent. One signing a note as sole trader, pledging collateral to a bank, and receiving shipments of canned salmon as consignee and endorsing the same and the notes of the fish company made payable to him personally, is, as to the bank, a principal upon the note and collateral agreement, even if he was an agent in his relations to the fish company.</p> <p>Pledges (8, 13)—Cabe of Pbopebty—Diligence—Enforcement—■ Rights of Pledgee. Under an agreement whereby canned salmon was pledged to a bank to secure advances, the bank is only required to exercise due and ordinary diligence in caring for and in reducing the collateral delivered to it; which it may do before maturity of the advances, where the collateral agreement so provides.</p>

<p>Sales (176)—Conditional Sales — Recording — Signature of Vendor. A conditional sales contract is signed by tbe vendor, within Rem. Comp. Stat., § 3790, where the vendor’s name is printed at the foot and immediately thereunder it is signed in writing by the general agent and manager of its local branch.</p> <p>Same (180)—Waiver, of Condition—Making Claim Against Estate. A notice, by a conditional sales vendor, to an assignee for the benefit of creditors of the vendee, that it did not waive its superior rights under its contract, giving date and filing number, was not the presentation of a claim for the balance due, and did not waive the vendor’s right to reclaim the property.</p> <p>Same (180)—Waiver—Acquiescence in Assignee’s Sale. A conditional sales vendor does not waive its right to reclaim the property by failing to give notice of its claim at an assignee’s sale for the benefit of creditors of the vendee, its record of the contract being a continuing notice to the purchasers at such sale.</p>

<p>Infants (5)—Offenses Aoainst—Contributing to Delinquency —Evidence—Sufficiency. A conviction for aiding and abetting in contributing to the delinquency of a girl fifteen years of age is sustained by evidence that accused received her and a married man at night in his bachelor home in the country leaving them alone together and failing to protect her when improper proposals were made to her, in connection with evidence of his intent and knowledge gained on a previous similar occasion.</p> <p>Same (5)—Offenses—Information—Issues and Proof. Under Rem. Comp. Stat., § 1987-17, making it unlawful for a parent “or any other person” by any act or “omission” to cause or contribute to the delinquency of a child, failure to protect a fifteen-year-old girl from proposals for sexual intercourse while she was in the accused’s home, is within the terms of an information charging the accused with aiding and abetting another in contributing to her delinquency.</p> <p>Criminal Law (110-112)—Infants (5)—Evidence of Other Offenses—Intent—Admissibility. In a prosecution for aiding and abetting in contributing to the delinquency of a girl fifteen years of age when she was received with a married man at accused’s home, evidence of a similar occasion three months previously, is admissible as showing the accused’s intent and knowledge of the intent and efforts of the person aided and abetted.</p>

<p>Sales (143)—Logs and Logging (56)—Remedies of Seller— Damages for Refusing to Accept Delivery. The purchaser of railroad ties ready for delivery at a siding is liable in damages for the value of part of the ties which it rejected and refused to take, where they were damaged by an unreasonable delay for months in taking delivery.</p> <p>Contracts (104)—Logs and Logging (3)—Consideration for Modification. Where a contract to cut and deliver all the railroad ties on certain land was, only partly performed, an agreement to cancel the balance and relieve the purchaser from any further’ claim, if he will take the ties on hand as per contract, is supported by a sufficient consideration, and is valid as a modification and termination of the first contract.</p>

, entered November 13,1922, upon sustaining a demurrer to the petition, dismissing an action for a writ of mandamus to compel a police judge to issue a search warrant.