22 Wash. 304 | Wash. | 1900
This cause has been here before and is reported in 18th Wash. 341 (51 Pac. 478). It was then reversed and remanded for the reason that in the trial below appellants had relied upon the law as announced in the case of Spinning v. Allen, 10 Wash. 570 (39 Pac. 151), and failed to introduce testimony that the shares of stock owned by A. H. Chambers and Robert Prost were not community stock; and that the subsequent case of Horton, v. Donohoe-Kelly Banking Co., 15 Wash. 399 (46 Pac. 409), modified the Spinning Case, and explained that the shares of stock involved in the Spinning Case were in fact the separate property of the husband, and therefore the liability incurred as surety was not for the benefit of the community. It was observed in remanding that, “under the circumstances appearing in this case, it will be incumbent upon appellants, in order to recover in this action, to prove by clear and satisfactory evidence that the stock held by A. H. Chambers and Robert Prost in the Light and Power Company is their separate property, and that the money
The judgment is affirmed.