Williams v. Hitchcock

Citations

• 86 Wash. 536
• 150 P. 1143
• 1915 Wash. LEXIS 1020

Syllabus

<p>Receivers — Receiver’s Bond — Liability oe Sureties — Estoppel. Sureties on a receiver’s bond, who intrusted the bond to the receiver for the purpose of securing the signature of the wife of one of them before filing, and who failed to examine the record and repudiate their liability for failure to secure the signature, cannot be heard to say that creditors, not parties to the suit, for whose benefit the bond was given, should have examined the record so as to know that the bond was defective; and the sureties, as the one of two innocent parties who made the injury possible, must suffer the loss.</p> <p>Same. A consent in open court to an order making permanent a temporary appointment of a receiver, upon which was based a finding, without exception, that the temporary bond was a good and sufficient bond to protect all parties concerned during the continuance of the receivership, followed by judgment accepting the bond accordingly, is a ratification of the bond and precludes the parties to the action from asserting, as against creditors, that it was invalid for want of the signature of one of the sureties.</p> <p>Husband and Wife — Community Property — Liability—Surety-ship. A receiver’s bond signed as surety by the husband as a plaintiff in an action to prevent the dissipation of the assets of a corporation, one-half of the stock of which was the community property of himself and wife, was given for the benefit of the community estate, and was therefore a community debt without execution of the bond by the wife.</p> <p>Costs — On Appeal. Where appellants sought a community as well as a personal judgment against a married woman, and on appeal were awarded judgment against the community only, the respondent wife is entitled to recover her costs.</p>