Schwabacher Bros. & Co. v. Schade & Parshall Co.

Citations

• 99 Wash. 271
• 169 P. 783

Syllabus

<p>Receivers—Leave to Sue—Discretion. It is discretionary with the court appointing a receiver of a corporation to determine whether an action may be prosecuted against the corporation in another county, treating the same as an action against the receiver, or to require it to be litigated in the receivership proceeding.</p> <p>Same—Leave to Sue—Failure to Obtain Leave. The refusal of a court appointing a receiver of a corporation to enjoin an action against the corporation in another county, treating the same as an action against the receiver, is in effect the granting of leave to sue the receiver, and cures the failure to obtain leave to sue, which was a mere irregularity.</p> <p>Same—Actions—Leave to Sue. Where a receiver of a corporation was appointed in an action upon a note brought in King county, pursuant to a provision in the note authorizing suit in such county, it is not an abuse of discretion to refuse to enjoin the prosecution of an action in C. county against the corporation to foreclose a chattel mortgage, assuming that the action was an action against the receiver.</p>