City of Montesano v. Carr

Citations

• 80 Wash. 384
• 141 P. 894
• 7 A.L.R. 95
• 1914 Wash. LEXIS 1321

Syllabus

<p>Actions—Distinction Between Law and Equity. The statutory abolition of the distinction between actions at law and in equity does not relieve the courts of the necessity of recognizing the inherent distinctions as an aid in the determination of the rights of a party.</p> <p>Corporations—Insolvency — Unpaid Stock Subscriptions — Actions—Rights of Creditor. A single creditor of an insolvent corporation cannot maintain an action at law, for plaintiff’s exclusive benefit, against a stockholder to recover on his unpaid stock subscription.</p> <p>Same—Actions—Law or Equity—Prayer of Complaint. An action at law by one creditor of an insolvent corporation to recover the unpaid subscription of a stockholder is not to be converted into an equitable action for the benefit of all the creditors by a prayer in the complaint for such other relief as may he just and equitable, especially where the plaintiff insists upon a money judgment for its exclusive use and benefit.</p>