Lindh

Appellants urge that the trial court erred in sustaining appellee’s motion to dismiss their second amended complaint with prejudice.

By that amended complaint appellants sought to recover from appellee corporation the amount to them due upon a judgment theretofore obtained against a corporation, all of whose assets were conveyed to appellee under a reorganization plan.

It appears that plaintiffs are residents of Washington, and that defendant is a Delaware corporation, authorized to engage in business in Washington. Hans Lindh was injured on August 16, 1930, by reason of the negligence of Booth Fisheries Company, also a Delaware corporation engaged in business in Washington, and on April 9, 1932, sued that corporation in the state court to recover for the injuries sustained.

On petition of that company, the action was removed to the District Court about a month thereafter.

On October IS, 1932, the company, defendant in said action, filed its petition in bankruptcy and was adjudicated a bankrupt, and a receiver was appointed to take over the assets and continue the business until a trustee was elected. The trustee was elected and qualified, and it is alleged that “the…