Crane Co. v. Pacific Heat & Power Co.
| Decision Date | 11 November 1904 |
| Court | Washington Supreme Court |
| Parties | CRANE CO. v. PACIFIC HEAT & POWER CO. et al. |
Appeal from Superior Court, King County; Geo. E. Morris, Judge.
Action by the Crane Company, a corporation, against the Pacific Heat & Power Company and the AEtna Indemnity, Company. Plaintiff had judgment, and defendants appeal. Reversed.
Shank & Smith and Root, Palmer & Brown, for appellants.
Hawley & Huntley, for respondent.
This is an action brought by the plaintiff, a wholesale and retail plumbing house, against the Pacific Heat & Power Company, a contracting concern engaged in the installment of steam heating and ventilating plants, and the AEtna Indemnity Company, to recover the purchase price of certain plumbing and steam fitting supplies furnished under contract with the Pacific Heat & Power Company, had with the board of directors of Seattle School District No. 1. The complaint, among other things, states that in July, 1902, the Pacific Heat & Power Company made an agreement with the board of directors of Seattle School District No. 1 to furnish and install a heating and ventilating plant in what is known as the 'Warren Avenue School Building,' for which the school district was to pay the sum of $7,997; alleges that, to secure faithful performance of this contract the defendant the AEtna Indemnity Company became surety, and that the bond was given under and pursuant to the laws of the state of Washington; that between November 1, 1902, and February 7 1903, plaintiff sold and delivered to the Pacific Heat & Power Company goods, wares, and merchandise, to be used in and about the heating and ventilating of the building, of the agreed value of $1,930.47, and that these goods, wares, and merchandise were used in the Warren avenue school building and there has been paid on account thereof only $118.59, leaving a balance due of $1,811.88; and judgment was prayed jointly and severally for this amount. The AEtna Indemnity Company alleges, by way of affirmative defense, that prior to July, 1902, at which time the Pacific Heat & Power Company entered into an agreement with the school board with reference to the Warren avenue school, they had been purchasing large bills of goods, wares, and merchandise from the plaintiff for heating and ventilating other buildings, for the payment of which the AEtna Indemnity Company was not liable; alleges that after the purchase of the goods, wares, and merchandise from the plaintiff, which purchases were made between October 22, 1902, and January 31, 1903, and amounted to $1,939.47, the Pacific Heat & Power Company received certain payments from the board of directors on account of the contract price of the heating and ventilating plant in the Warren avenue school, and out of the moneys so received paid the plaintiff $500 on December 17, 1902, and $500 on February 16, 1903, both of said payments being applied by the plaintiff on the old accounts, other than that contracted for the Warren avenue school, the application of said payments having been made without the knowledge or consent of the appellant. The answer further alleges that, at the time the application of these payments was made, the plaintiff knew that the moneys so received were payments to the Pacific Heat & Power Company from the board of directors on account of the Warren avenue school contract, and that the plaintiff made the application of these payments as it did to the old accounts, and to accounts for which the AEtna Indemnity Company were not liable, with the intent and for the purpose of defrauding the AEtna Indemnity Company out of its just rights, and to impose additional burdens upon the AEtna Indemnity Company, other than those assumed by its bond; that the accounts to which said payments were thus fraudulently applied were unsecured, and the application of the payments was made in fraud of the rights of this surety; that, after the plaintiff had wiped out all of its old debts with this money, which it knew had come from the Warren avenue contract, he applied the remainder, amounting to $118,59, to the goods purchased on account of the Warren avenue school contract. The answer also...
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State Bank of Wheatland v. Turpen
... ... 1252; Southern Surety Co. v ... Bank, (Ind.) 176 N.E. 846; Crane Co. v. Pacific ... Heating and Power Co., (Wash.) 78 P. 460; Merchants ... payment. Crane v. Pacific Heat & Power Co., 36 Wash ... 95, 78 P. 460; United States v. Johnson etc., ... ...
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County of Audrain et al. v. Walker et al., 25296.
...furnished for and used in this building and appellant surety was liable for both labor and material accounts... . Crane Co. v. Pacific Heat & Power Co., 36 Wash. 95, 78 P. 460, is fairly illustrative of the cases cited and relied upon by appellant in support of its contention that it, as su......
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Audrain County ex rel. and to Use of First Nat. Bank of Mexico v. Walker
... ... executed a power of attorney to the bank, containing certain ... provisions, none of which ... both labor and material accounts ... Crane Co. v ... Pacific Heat & Power Co., 36 Wash. 95, 78 P. 460, is ... ...
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Camdenton Consol. School Dist. No. 6 of Camden County ex rel. W. H. Powell Lumber Co. v. New York Cas. Co.
...properly chargeable to the bond in suit. The money was actually paid for labor done upon the school building." Crane Company v. Pacific Heat & Power Co., 36 Wash. 95, 78 P. 460, is illustrative of the cases cited and relied upon by appellant in support of its contention that it, as surety, ......