Brigham Hopkins Co. v. Gross

The opinion of the court was delivered by

Scott, C. J.

The question presented by the appeal herein is whether an action at law can be maintained against the survivors of a partnership, pending the settlement of the partnership estate, to recover a debt due from the firm. In Dyer v. Morse, 10 Wash. 492 (39 Pac. 138), construing in part the act of 1862, the effect of the holding was that such an action might be maintained, and that said act was in aid of the common law method of closing *219up such estates and not exclusive thereof. One reason advanced was that there was no method pointed out by…