Lushington v. Seattle Auto & Driving Club

Plaintiff began an action against defendant, a local corporation, and served a summons and complaint upon one J. H. Van Asselt. At the time of service plaintiff believed, and the return of service recites, that Van Asselt was president of the defendant. In fact, his term of office had expired a few weeks before, and at the time of service he had no official connection with the company. Upon a show*547ing of these facts, the trial judge set aside the default and judgment, and plaintiff has appealed.

Appellant urges a state of facts which he insists should' estop respondent from questioning the…