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BENCH v. STATE AUTOMOBILE AND CAS. UNDERWRITERS, INC.

No. 37692.

67 Wn.2d 999 (1965)

408 P.2d 899

J.E. BENCH et al., Appellants, v. STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, INC., Respondent.

The Supreme Court of Washington, Department One.

December 16, 1965.

Attorney(s) appearing for the Case

Howard T. Manion (of Whitmore, Vinton, Powers & Manion), for appellants.

Skeel, McKelvy, Henke, Evenson & Uhlmann and Frederick V. Betts, for respondent.

PER CURIAM:

The plaintiffs having assigned their cause of action against the defendant to a third party, the trial judge dismissed the action because it was not prosecuted in the name of the real party in interest, as required by RCW 4.08.010 and Rule of Pleading, Practice and Procedure 17(a).1 The plaintiffs appeal.

Their contentions and the answers thereto are as follows:

A. That the cause of action was not assignable...

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