Hyde v. Clausin

Citations

• 82 Wash. 218
• 144 P. 50
• 1914 Wash. LEXIS 1508

Syllabus

<p>Abatement and Revival — Defects as to Parties — Representative Capacity — -Trustees—Termination of Trust. An action to recover possession of personal property does not abate because the evidence shows that defendant obtained possession as trustee and was not sued in that capacity, where presumptively he was acting as trustee fór a corporation, and his powers as such had ceased upon his becoming receiver for the corporation, and he defended the action as receiver.</p> <p>Same — Representative Capacity — Defendants—Waiver of Objections. One defending his possession of property in his right as receiver of a corporation cannot claim that, in an action brought against him as receiver, he was sued in the wrong capacity, in the absence of direct evidence that he holds in some other capacity.</p> <p>Appeal — Preservation of Grounds — Waiver. Objection that the defendant had not been sued in the right capacity, cannot be made on appeal when not raised below.</p> <p>Replevin — Title to Property — Evidence—Sufficiency. In an action to recover the possession of two rings, the evidence justifies the finding that they belonged to the plaintiff, where it was practically undisputed that she purchased one of the rings in another state with her own funds, and that the other was taken by her, while president of a jewelry company, from its stock with the consent of the company while it was perfectly solvent.</p> <p>Pledges — Redemption—By Third Person — Rights of Parties— Subrogation. Where the plaintiff, as president of a jewelry company, had pledged her personal property to secure a loan to the company, and later a “trustee” of the company redeemed the pledge with money of the company before the rights of creditors attached, the redemption relieved the property of the lien of the pledge and vested the right of possession in the plaintiff; hence the “trustee” after being appointed receiver of the company in the interests of creditors, cannot be subrogated to the rights of the pledg