Nebraska Investment Co. v. Corlett

Citations

• 102 Wash. 151
• 172 P. 851

Syllabus

<p>Compbomise and Settlement—Items Included. Where an item included in a suit had been dismissed as a subject of controversy therein, without prejudice to an independent action, and the suit went to final judgment on other items and appeals were taken, a compromise of the appeals and judgment did not include the item dismissed from the suit.</p> <p>Judgment—Bab—Mattebs Included. A judgment on consent, vacating the judgments appealed from and all appeals taken, pursuant to a settlement, and not mentioning an item dismissed without prejudice, is not a bar to a subsequent action thereon; nor would the holder be barred by failure to appeal, since it could accept the ruling allowing independent action.</p> <p>Same — Bab — Pasties Concluded. Such consent judgment on settlement of the suit is not binding upon the defendant as to the item dismissed out of the ease without prejudice, where such item was dismissed because it was the personal obligation of the manager of the company, who was not a party to the suit and had no interest in the judgment compromised.</p> <p>Bills and Notes—Action on Due Bill—Defenses. In an action on a due bill given as the personal obligation of the manager of a company, the fact that the company had been given credit on its books for the amount is no defense to the action against the manager.</p>