Broderick v. Puget Sound Traction, Light & Power Co.

Citations

• 86 Wash. 399
• 150 P. 616
• 1915 Wash. LEXIS 1008

Syllabus

<p>Parties — Trustee of Express Trust — Implication of Law. Where repairs to plaintiffs automobile were made at the instance of a casualty company, which had insured the machine but failed to pay the repair bill, the owner, after receiving the machine fully repaired, is not entitled to maintain an action for the amount of the repairs against the party causing the damage, as trustee of an express trust under Rem. & Bal. Code, § 180, defining a trustee of an express trust as a person with whom or in whose name a contract is made for the benefit of another; since the trust, on obtaining judgment, is one arising by implication of law.</p> <p>Same — Real Parties in Interest. In such case, the plaintiff, being fully compensated by complete repairs of the machine and not liable for the bill, could not maintain an action in her own right as the real party in interest.</p> <p>Judgment — -Conclusiveness—Bar — Implied Trustee. Judgment in favor of a trustee by implication of law is not a bar to the right of any one who had become subrogated to maintain a subsequent action, where the trustee failed to account.</p>