Amende v. Town of Morton

Mr. Amende, appellant, in his third amended complaint, is attempting to sue as the representative of a group or class whose legal rights allegedly have been violated by respondent, the town of Morton, Washington. The alleged class is composed of owners of bonds of local improvement district No. 2, of the town of Morton. The bonds are described in appellants brief as nonnegotiable. He claims to be a member of the class by virtue of an assignment to him of some of the aforementioned bonds by the United States National Corporation of Portland, Oregon. The assignment was made on July 29, 1946. Possession of the bonds passed to Mr. Amende, appellant, on August 7, 1950. This lawsuit was started by him between the date of the alleged assignment of the bonds and the date upon which possession of the bonds passed from the alleged corporate assignor to Mr. Amende, alleged assignee. The demurrer by the town of Morton to Mr. Amendes second amended complaint was sustained prior to the above mentioned transfer of possession of the bonds. Subsequent to the transfer, Mr. Amende filed his third amended complaint, in which he alleged, (a) delivery of the bonds to him, and (b) simultaneous acquisition of a document, apparently executed in 1950, attempting to ratify and approve the assignment of July, 1946. It was stipulated in court that the instrument of assignment of July, 1946, would be deemed incorporated in paragraph two of the third amended complaint. The trial court sustained a demurrer to the third amended complaint and granted a motion to strike all allegations referring to Mr. Amende as the representative of a class. He elected to stand on his complaint. The trial court entered judgment dismissing the law suit with prejudice. This appeal followed.