120 Wash. 278 | Wash. | 1922
—This, it is to he hoped, is the last chapter in litigation which has been before this court on several occasions, upon two of which opinions have been written, which will be found in American Packing Co. v. Luketa, 98 Wash. 6, 167 Pac. 87, and American Packing Co. v. Luketa, 115 Wash. 1, 196 Pac. 1, reference to which is here made for an understanding of the facts involved.
In compliance with the direction contained in the last opinion, the trial court proceeded to take testimony to determine the final judgment to be entered, and de
A great deal of testimony was taken upon both questions raised here, and, as is usual in such cases, there is presented a choice between figures widely divergent. We are not prepared to say that the trial court was incorrect in fixing upon the figures which he made the basis of his judgment. But the plaintiff’s contention in regard to the credit to be allowed is well taken. This court has held the boat was the property of the defendants, and the proceeds of the sale to satisfy the judgment, based upon the lien against the boat, were proceeds belonging to the defendants, and after the
The trial court was correct in finding that the foreclosure was on “a lien placed thereon by the Luketas without fault of the packing company,” and that interest should run on the judgment from the time “the boat was lost to all the parties” by the foreclosure— namely, November 16, 1918.
The judgment of the lower court will therefore be modified to the extent that there will be deducted therefrom the sum of $3,077.92, and the plaintiff will recover the costs of this appeal.