Scharf v. Harstad

— This appeal resulted from the trial court granting a motion to dismiss the plaintiff’s action for failure of the amended complaint to state a claim upon which relief may be granted.

The plaintiff (appellant), a court-appointed receiver of an insolvent corporation, brought this action against the defendants (respondents), the officers and directors of the corporation, pursuant to RCW 23.01.080, for incurring business debts without complying with subsection (c) thereof, which requires the filing of an affidavit with the County Auditor stating that the amount of capital stock with which the…