Scott v. Hallock

Citations

• 16 Wash. 439
• 47 P. 968
• 1897 Wash. LEXIS 339

Syllabus

<p>NOVATION—PARTNERSHIP DEBTS — APPEALABLE ORDER — DEMURRER— DEFECT OF PARTIES.</p> <p>Where one partner promises the creditor to assume and pay the entire debt, and the creditor promises to look to him alone, a substitution of debtors is effected and the other partner is released.</p> <p>An order sustaining a demurrer to an affirmative defense in an answer is reviewable upon an appeal from the final judgment in the cause, under Laws 1893, p. 119, § 1, although defendant may have gone to trial upon the denials in his answer. (Mason County v. Dunbar, 10 Wash. 163, distinguished).</p> <p>Defect of parties defendant cannot be raised by an affirmative defense setting up a novation.</p>