Horton v. Donohoe Kelly Banking Co.

Citations

• 15 Wash. 399
• 46 P. 409
• 1896 Wash. LEXIS 203

Syllabus

<p>APPEAL BOND — SUFFICIENCY OF — COMMUNITY PROPERTY — LIABILITY . FOR SURETYSHIP DEBTS — LEVY ON HUSBAND’S INTEREST FOR COMMUNITY DEBT.</p> <p>An appeal will not he dismissed for the reason that the affidavit of the surety in the appeal bond fails to state that such surety is worth the required amount over and above all debts and liabilities as required by the statute.</p> <p>The property of the community is liable for an obligation of suretyship incurred by the husband in behalf of a corporation in which he is an officer and stock holder, in order to protect the property and business of the corporation, when, under all the circumstances of his relations with the corporation, it is to be presumed that he was acting for the community, and that any benefits which might have grown out of his connection with such corporation would have belonged to the community. '</p> <p>Where community property stands in the name of the husband, a levy upon all of his interest in the property, upon a judgment which could be enforced against the community, would authorize a sale of the property standing in his name for the benefit of the community. (Scott, J., dissents).</p>