Goodale Phonograph Co. v. Valentine

Citations

• 69 Wash. 263
• 124 P. 691
• 1912 Wash. LEXIS 888

Syllabus

<p>Receivers—Actions—Conditions Precedent—Leave to Sue— Waiver. The objection that leave of court to sue a receiver was not first obtained is waived if not raised by the receiver upon filing a general appearance, and cannot thereafter be raised by other parties.</p> <p>Corporations — Actions—Condition Precedent— Pleading. A complaint by a corporation need not allege that the action was authorized by its board of directors, since it will be presumed until the contrary appears.</p> <p>Judgment — Res Judicata—Collusive Action—Matters and Parties Concluded. The denial of a motion to vacate the appointment of a receiver of a corporation, entered in a collusive suit through ex parte proceedings, is not res judicata or a bar to a subsequent suit by the corporation to vacate the receivership and set aside the sales made therein.</p> <p>Corporations—Receivers—Vacation—Grounds —Pleading—Complaint. A complaint by a corporation to vacate a receivership and set aside sales made by the receiver states a cause of action, where it appears that the assets of the corporation were of the value of $5,000,000, its indebtedness inconsequential, that the defendants owned $1,500,000 of the capital stock, on which they had paid only $1,800, and were solvent, and that they prosecuted a collusive suit for the appointment of a receiver and secured a sale of all the assets for $500, all the proceedings being ex 'parte and While thé president and secretary of the company were absent from the state on the business of the company.</p>