Stilphen v. Ware
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. October 30th, 1871, the plaintiff recovered judgment in the United States District Court, at San Francisco, against the Main Street Wharf and Commercial Company, for services rendered between April 1st, 1867, and June 6th, 1868. Execution issued upon the judgment was returned December 13th, 1871, not satisfied because of the insolvency of the company.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. October 30th, 1871, the plaintiff recovered judgment in the United States District Court, at San Francisco, against the Main Street Wharf and Commercial Company, for services rendered between April 1st, 1867, and June 6th, 1868. Execution issued upon the judgment was returned December 13th, 1871, not satisfied because of the insolvency of the company. October 3d, 1872, the plaintiff commenced this action to recover upon the judgment against the defendants as individual stockholders and Trustees…
1Opinion of the Court
By the Court:
It is conceded that irrespective of the judgment rendered against the corporation itself, the cause of action stated in the complaint is barred by limitation, and if this be so, it is clear that the judgment did not of itself operate to prolong the time in which an action might be brought against the defendants as stockholders of the corporation. (Davidson v. Rankin, 34 Cal. 503; Larrabee v. Baldwin, 35 Cal. 168; Young v. Rosenbaum, 39 Cal. 646.)
Judgment affirmed.
2Cases cited3 opinions
- Young v. RosenbaumCalifornia Supreme Court · 1870
- Davidson v. RankinCalifornia Supreme Court · 1868
- Larrabee v. BaldwinCalifornia Supreme Court · 1868
3Cited by11 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Redington v. CornwellCalifornia Supreme Court · 1891
- Ellsworth v. BradfordCalifornia Supreme Court · 1921
- Hyman v. ColemanCalifornia Supreme Court · 1890
- Chambers v. FarnhamCalifornia Supreme Court · 1920
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