Newby v. United States Fidelity & Guaranty Co.

49 Wn.2d 843 (1957)

307 P.2d 275

JOE NEWBY, Respondent

v.

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.[1]

No. 33826.

The Supreme Court of Washington, Department One.

February 14, 1957.

Ned W. Kimball, for appellant.

Kenneth H. Hopp, for respondent.

FINLEY, J.

In October, 1953, the Douglas County Memorial Hospital Association commenced an action against Joe Newby to recover the sum of $592.76 under an express contract. In the course of the action, the hospital attached Mr. Newby's automobile. The ground set forth in the affidavit for the attachment was: "To recover on a contract express or…