McAuley v. York Mining Co.
California Supreme Court
Appear from the District Court of the Tenth Judicial District, County of Nevada. On the trial of this cause, the defendant, a corporation, introduced three witnesses, who testified on their voir dire that they were members of the corporation in 1852, when the liabilities were incurred on which this action is brought, but had sold out more than a year before the bringing of this suit, and since then had no interest therein.
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Appear from the District Court of the Tenth Judicial District, County of Nevada. On the trial of this cause, the defendant, a corporation, introduced three witnesses, who testified on their voir dire that they were members of the corporation in 1852, when the liabilities were incurred on which this action is brought, but had sold out more than a year before the bringing of this suit, and since then had no interest therein. The plaintiff objected to the witnesses being examined, as incompetent, but the Court overruled the objection, and permitted the witnesses to be examined, under the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
*81The defendant is a corporation. Three witnesses were introduced on its behalf, who were members of the corporation at the time the liabilities were incurred for which this action was brought.
By the 15th sec. of the Act of 1853, “ to provide for the formation of Corporations," the liability of the stockholder continues for “ all debts contracted during the time that he was a stockholder."
The witnesses were therefore incompetent, by reason of their interest, and the objection to their evidence…
2Cited by3 opinions
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Blen v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1862
- Murchison National Bank v. Dunn Oil Mills Co.Supreme Court of North Carolina · 1909