Post-Intelligencer Pub. Co. v. Harris
| Decision Date | 25 March 1895 |
| Citation | 11 Wash. 500,39 P. 965 |
| Parties | POST-INTELLIGENCER PUB. CO. v. HARRIS ET AL. |
| Court | Washington Supreme Court |
Appeal from superior court, Thurston county; M. J. Gordon, Judge.
Action by the Post-Intelligencer Publishing Company against W. N Harris and others on a bond. From a judgment for plaintiff defendants appeal. Affirmed.
John C. Kleber and W. I. Agnew, for appellants.
Charles H. Ayer and C. M. Dial, for respondent.
This action was brought by the plaintiff against W. N. Harris, as principal, and C. M. Moore and J. H. Wilson, as sureties, on a bond, in which the Post-Intelligencer Company is named as obligee. Judgment was rendered for the plaintiff, and defendants appealed.
It is contended that the bond, being made to the "Post-Intelligencer Company," could not be recovered upon by the "Post-Intelligencer Publishing Company," and that it did not support the allegations of the complaint for that reason, and should not have been admitted in evidence. The complaint alleges the making execution, and delivery of the bond to the plaintiff, and then sets out the bond in full. The effect of this was to allege that it was made, executed, and delivered to the Post-Intelligencer Publishing Company. It is not claimed that the defendants were misled in any way, or that there was any other corporation of the name indicated in the bond, and nothing appears to take it out of the rule that a name is only a description, and that an error in the description is not material where the parties are not misled.
The next point relied upon involves the right of a creditor to apply payments. It appears that, after the bond was executed the defendant Harris paid to the plaintiff sufficient money to pay all indebtedness incurred during such time, and that he made no direction as to its application, nor did the sureties attempt to make any. The plaintiff applied a portion of it in payment of a previous debt owed by Harris to the plaintiff, and the appellants contend that this could not be done, and insist that where the principal on a bond, to secure the payment of future debts, makes a payment of money to the obligee in the bond, without directing its application to any particular debt, the obligee is not at liberty to apply such payment to an unsecured debt, but must apply it to the debt secured by the bond. A number of cases have been cited by the appellants, but none of them are in point. They...
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