Davenport v. Taylor

This action was commenced to recover upon two promissory notes allegedly executed by defendant Taylor, individually, in favor of plaintiff Davenport. The defense was that the notes, although signed by Taylor, actually were executed for and on behalf of a mining partnership composed of Davenport and Taylor; that the notes were merely to be held by Davenport and used for income tax purposes if the mining partnership failed. The defense involved a question as to whether there had been a condition precedent or a condition subsequent relative to the matter of the delivery of the notes to Davenport. (See Fleming v. August, REF48 Wash. 2d 131,/REF REF291 P.2d 639.)/REF The jurys verdict was for Davenport. The trial judge granted Taylor a new trial. Davenport thereupon appealed.