Legal Opinion

Auburn Opera House & Pavilion Ass'n v. Hill

California Supreme Court

Decided July 22, 1896No. Sac. No. 110PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of Placer County, and from an order denying a new trial. W. H. Grant, Judge.

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Appeal from a judgment of the Superior Court of Placer County, and from an order denying a new trial. W. H. Grant, Judge. The, action was brought to recover the sum of one thousand dollars upon a subscription by defendant to a “prospectus” for the building of an opera house and pavilion in Auburn, Placer county, to be built by a corporation to be formed for that purpose, having a capital stock of twenty thousand dollars, consisting of a thousand shares at twenty dollars per share, the subscription to be called in on installments, and the names of the subscribers with the number of shares and…

1Opinion of the CourtVan Fleet, J.

This is a second appeal. On the former appeal a judgment in favor of the defendant was reversed. (Auburn etc. Assn. v. Hill, 32 Pac. Rep. 587.) Judgment was in favor of plaintiff at the second trial, and defendant now appeals therefrom and from an order denying his motion for a new trial.

1. There is nothing substantial in the claim that certain of the findings are not sustained by the evidence. Of the material facts in the case—that defendant signed the prospectus, which is the basis of the plaintiff’s action; that demand was made upon him for the amount of his subscription; and that he has…

2Cases cited1 opinion

  1. Auburn Opera House & Pavilion Ass'n v. HillCalifornia Supreme Court · 1893

3Cited by3 opinions

  1. Belber v. CalvoSupreme Court of Puerto Rico · 1910
  2. Pérez v. Guánica CentraleSupreme Court of Puerto Rico · 1911
  3. Webb v. Porto Rico American Tobacco Co.Supreme Court of Puerto Rico · 1910

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