McGillivray v. Columbia Salmon Co.

Citations

• 104 Wash. 623
• 177 P. 660
• 1919 Wash. LEXIS 514

Syllabus

<p>Partnership (55) — Actions—Capacity to Sue — Assumed Names —Statutes. Rem. Code, §§ 8369-8373, providing for the filing of certificates by persons doing business under an assumed name, and forbidding tbe maintenance of an action without alleging and proving such filing, is sufficiently complied with by pleading and proving the filing before commencement of the trial.</p> <p>Same (20) — Firm Name — Right to Use — Statutes. The filing of a certificate of an assumed name is not required of one doing business in the name of a company containing his full name as proprietor, he being the only person interested therein, in view of Rem. Code, § 8372, providing that nothing in the act shall prevent the lawful use of a partnership designation if the same includes the real names of all the parties interested.</p> <p>Assignments (29) — Actions—By Assignee. An assignment in. writing for the purposes of collection authorizes a recovery in the name. of the assignee that would, bar any further recovery against the debtors.</p> <p>Guaranty (9) — Construction of Contract — Extent of Liability. Where parties for whom boats were being built took over the work upon the inability of the builder to complete his contracts, agreeing to pay all debts for material and labor, and credit was thereafter extended on the faith thereof, the indebtedness became the joint and several indebtedness of the builder and promisor for which both were liable.</p>