Dow v. Simpson

OPINION OP THE COURT ON REHEARING.

Upon a re-examination of the cases of Brigham Hopkins Co., v. Gross, 70 Pac. 480, and Harrington v. Herrick, 64 Fed. 468, cited in tlie original opinion, we find that the supreme court of Washington did not give its approval to the excerpt quoted from the case of Harrington v. Herrick, neither did that court criticize the language used. It appears that the only point involved in the case decided by the Circuit Court of Appeals was as to the right of a creditor of a partnership to sue the surviving partner without joining the administrators of the partnership,…