Union Trust Co. of Spokane v. Quigley
| Decision Date | 07 September 1927 |
| Docket Number | 20467. |
| Citation | 145 Wash. 176,259 P. 28 |
| Parties | UNION TRUST CO. of SPOKANE et al. v. QUIGLEY et al. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Spokane County; Avery, Judge.
Suit by the Union Trust Company of Spokane, as executor of the estate of Wilbur N. Joyner, deceased, and another, against C. H Quigley and others for an injunction. From a judgment of dismissal, plaintiffs appeal. Reversed.
Davis Heil & Davis, of Spokane, for appellants.
E. H Belden, of Spokane, for respondents.
For some fifteen years prior to March 8, 1926, Wilbur N. Joyner had been conducting a wholesale business in the city of Spokane under the trade-name of Physicians' & Surgeons' Supply Company. Shortly after having commenced business, he filed with the county clerk of Spokane county a proper certificate, as required by section 9976, Rem. Comp. Stat. The business had prospered, sales running from $40,000 to $60,000 annually. On March 8, 1926, Mr. Joyner died testate, and under the terms of his nonintervention will the business was to be conducted by appellants. Six days prior to Mr. Joyner's death, respondents, who had for years been engaged in the same general line of business in the city of Spokane under the name of Spokane Surgical Supply Company, prepared and filed articles of incorporation, taking the name Physicians' & Surgeons' Supply Company, and now claim the exclusive right to the use of the name they have taken for their new corporation, are doing business under the new name, and this action has been brought by appellants for equitable relief. From a judgment of dismissal, this appeal has been prosecuted.
The provisions of our statute with reference to the filing of a certificate go only to the capacity of a party to sue and do not in any way involve the merits of the action. Hale v. Crown Columbia Pulp & Paper Co., 56 Wash. 236, 105 P. 480; Thompson-Spencer Co. v. Thompson, 61 Wash. 547, 112 P. 655; Hale v. City Cab, Carriage & Transfer Co., 66 Wash. 459, 119 P. 837; Powelson v. City of Seattle, 87 Wash. 617, 152 P. 329.
Nor do we think there has been such a change of ownership as was contemplated by the Legislature in the enacting of the above-cited statutes. The purpose of these sections is to advise any one extending credit to a business operating under an assumed name as to who the real persons...
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