Seidell v. Taylor
Decision Date | 12 August 1915 |
Docket Number | 12517. |
Citation | 151 P. 41,86 Wash. 645 |
Parties | SEIDELL et al. v. TAYLOR et ux. |
Court | Washington Supreme Court |
Department 1. Appeal from Superior Court, Benton County; O. R. Holcomb Judge.
Action by C. B. Seidell and S. A. Harper, copartners, against E. W R. Taylor and wife. From a judgment for plaintiffs defendants appeal. Affirmed.
Linn & Boyle, of Prosser, for appellants.
McGregor & Fristoe, of Prosser, for respondents.
This is an action for damages claimed as the result of the defendants' wrongful act causing the loss of the plaintiffs' business to them. The trial in the superior court resulted in verdict and judgment in favor of the plaintiffs for the sum of $750, from which the defendants have appealed.
The nature and ground of respondents' claim is set forth in their complaint, after alleging their partnership, as follows:
It is first contended by counsel for appellants that this complaint does not state facts constituting a cause of action. The argument seems to be that, since it is an action seeking recovery of damage caused to the partnership, such damage cannot result from a mere assault upon the members of the partnership, but that the only cause of action resulting therefrom, if any, is personal to each member assaulted. We think, however, that in view of the nature and place of the assault as alleged, it being in the nature of a public brawl in the place of business of the partnership and resulting in injury to the partnership business, the facts alleged do constitute a cause of action entitling the partnership to relief as such. We are of the opinion that the trial court did not err in overruling appellant's demurrer to the complaint.
It is also contended in...
To continue reading
Request your trial-
City of Seattle v. Blume
...525 (1905). We have recognized the tort in its various forms. Jones v. Leslie, 61 Wash. 107, 112 Pac. 81 (1910); Seidell v. Taylor, 86 Wash. 645, 151 Pac. 41 (1915); Pacific Typesetting Co. v. International Typographical Union, 125 Wash. 273, 216 Pac. 358, 32 A.L.R. 767 (1923); Sears v. Int......
-
Caruso v. Local Union No. 690 of Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 28
...396 P.2d 148 (1964).4 Cherberg v. Peoples Nat'l Bank, supra; King v. Seattle, 84 Wash.2d 239, 247, 525 P.2d 228 (1974); Seidell v. Taylor, 86 Wash. 645, 151 P. 41 (1915); St. Louis-San Francisco Ry. v. Wade, 607 F.2d 126 (5th Cir.1979); Antwerp Diamond Exch. of Am., Inc. v. Better Business ......
-
Clark v. Figge
...636, 146 N.W. 830, 835. See, similarly, Sparks v. McCreary, 156 Ala. 382, 47 So. 332 (loss of customers and employees); Seidell v. Taylor, 86 Wash. 645, 151 P. 41 (loss of goodwill of business); Shell Oil Co. v. State Tire & Oil Co., 126 F.2d 971 (6th Cir.) (loss of profits); Morrison v. In......
-
Cherberg v. Peoples Nat. Bank of Washington
...an early case we concluded that a landlord may be held liable for the tort of interfering with his lessee's business. Seidell v. Taylor, 86 Wash. 645, 151 P. 41 (1915). There the plaintiff maintained a bakery on premises leased from the defendant. The lessor entered the premises and instiga......