State ex rel. Baeder v. Blake

Citations

• 107 Wash. 294
• 181 P. 685
• 1919 Wash. LEXIS 1011

Syllabus

<p>Abatement and Revival (19)—Death of Party—Causes Surviving. Rem. Code, § 193, providing that no action shall abate by the death of a party if the cause of action survives, does not provide what causes of action survive.</p> <p>Same (19). Rem. Code, § 967, providing that all other causes of action [than those enumerated in § 183] survive to the personal representatives, relates only to causes of which the law already provided should survive at common law.</p> <p>Same (19). Rem. Code, § 191, providing that assignees by assignment in writing may maintain an action in their own names, does not define what causes of action are assignable, and does not refer to the survival of actions.</p> <p>Same (21)—Death of Party—Actions That Abate. At common law, and in this state in the absence of statute, a right of action for damages for deceit and conspiracy in a stock subscription transaction abates upon the death of the defendant, where the estate of the deceased was not enriched by the fraud.</p>