State ex rel. Jenkins v. Equitable Indemnity Ass'n

Citations

• 18 Wash. 514
• 52 P. 234
• 1898 Wash. LEXIS 590

Syllabus

<p>NON-SUIT — SUFFICIENCY OF COMPLAINT—DEFECTS CURED BY PROOF— INSOLVENCY OF INSURANCE COMPANY — DISSOLUTION.</p> <p>A motion for non-suit on the ground that the complaint failed to state a cause of action was properly denied, where there was no demurrer and the defect had been cured by the admission of proof without objection.</p> <p>Where it appears that the available assets of a domestic insurance corporation consisted only of certain demand notes executed by its officers and $1.40 in cash, that there were unadjusted losses aggregating between twelve and thirteen hundred dollars, on which there was an admitted liability of $960, and that the company relied upon the payment of quarterly dues by its policy holders to meet such liabilities- and to pay its current expenses, a finding that the company was insolvent, and a judgment decreeing its dissolution and appointing a receiver to wind up its affairs, is warranted by the evidence.</p>