Hemrich Bros. Brewing Co. v. Kitsap County

Citations

• 45 Wash. 454
• 88 P. 838
• 1907 Wash. LEXIS 491

Syllabus

<p>Pleadings — Demurrer—'Waiver. The withdrawal of a demurrer to a complaint and joining issue by answer does not waive the right to move to dismiss the action for want of sufficient facts to state a cause of action, where the complaint was amended after the demurrer was interposed.</p> <p>Intoxicating Liquors — Licenses—Return of Deposit — County Treasurer — Individual Liability. A county treasurer receiving money in his official capacity in payment for liquor licenses on pending applications, is not individually liable to make return thereof on failure of the county commissioners to issue the licenses, although he subsequently promised to do so, since he can disburse the money only on proper orders; and he is therefore properly dismissed from an action brought against him and the county for the return of the money.</p> <p>Same — Right to Refund of Deposit — Liability of County— Novation. Checks drawn by a brewing company payable to the order of the county treasurer, and deposited by applicants for liquor licenses, are properly returned to the applicants upon denial of the applications, and.' cannot be recovered by tbe brewing company in an action against the county or treasurer, where there was no novation or showing that the applicants making the deposit consented thereto, especially where the amount of the checks were charged by the brewing company to the account of the applicants; and a subsequent promise by the treasurer to make such return is without consideration or authority, and does not amount to a novation.</p>