Legal Opinion · Concurrence

Union Sav. Bank of San Jose v. Leiter

California Supreme Court

Decided January 7, 1905No. S.F. No. 3759Published

The facts are stated in the opinion of the court.

1ConcurrenceBeatty, C. J.

I concur in the judgment ■and generally in the opinion of the court. As to the effect of the call or assessment of October 27, 1899, if a cause of action had accrued to the corporation by reason of the call alone, I think the statute of limitations would have commenced runming at the date of delinquency fixed by the resolution, and if it had once commenced running I do not think the subse■quent rescission of the call would have extended the time for commencing the action. But it requires something more than, a mere call to establish a right of action under the statute. The call must be…

2Cases cited2 opinions

  1. Bank of National City v. JohnstonCalifornia Supreme Court · 1901
  2. Bank of National City v. JohnstonCalifornia Supreme Court · 1900

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