Seattle National Bank v. School District No. 40

Citations

• 20 Wash. 368
• 55 P. 317
• 1898 Wash. LEXIS 534

Syllabus

<p>PLEADING—SUFFICIENCY OF COMPLAINT—RES JUDICATA—ASSIGNMENT —ACCOUNTING.</p> <p>A complaint in an action to recover on school warrants does not state a cause of action when it appears therefrom that the invalidity of the warrants had been determined in a suit to which the present plaintiff was a party as defendant, even though the judgment was upon the unintentional default of the defendant in the prior action.</p> <p>A complaint does not state a cause of action in favor of plaintiff as the assignee, or successor in interest, under a contract, when it simply avers that the contractor had sold and transferred certain warrants and all his rights thereunder to plaintiff.</p> <p>Where the complaint in an action for an accounting neither states a fiduciary relation between the parties, nor any facts-showing the complicated nature of the accounts between them, nor that any demand for an accounting and refusal thereof had been made before suit, it is demurrable as not stating facts sufficient.</p>