McRae v. Angeles Brewing Co.

Citations

• 101 Wash. 269
• 172 P. 263
• 1918 Wash. LEXIS 831

Syllabus

<p>Indemnity—Replevin Bond—Liability Over—Persons Not Parties or Liable by Operation of Law. Where a sheriff wrongfullyreplevied property in a suit by a receiver, and under judgment on the replevin bond, there was no return of the property, which was assigned by the receiver, and the receiver’s bondsman was held liable and recovered judgment against the sheriff, the sheriff cannot recover over from the receiver’s assignee, to whom the replevied property had been delivered by the sheriff upon demand, such assignee, not having been a party to the former action; inasmuch as such assignee was not liable by express contract or by operation of law by reason of the fact that the sheriff had turned the property over, as his duty required; the receiver having presumably obtained value for the property when assigned, and there being no showing that assets in his hands were insufficient to pay the claim.</p>