Smith v. Gate City Oil Co.
California Supreme Court
APPEAL from an order of the Superior Court of San Joaquin County dissolving an injunction. C. W. Norton, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
The plaintiff appeals from an order dissolving
a preliminary injunction, restraining the sale of corporate stock upon a delinquent assessment. The order was made upon the ground that the facts stated in the complaint were not sufficient to warrant the injunction.
Plaintiff owns twenty-two thousand shares of the capital stock of the defendant corporation. On September 3, 1909, the corporation directors made an order levying an assessment of five cents a share upon the capital stock, declaring the same payable on October 16, 1909, and fixing November 1, 1909, as the day on which the assessment…
2Cases cited1 opinion
- San Bernardino Investment Co. v. MerrillCalifornia Supreme Court · 1895
3Cited by2 opinions
- Shannon v. TookerCalifornia Supreme Court · 1914
- Brown v. St. Paul Consolidated Oil Co.California Court of Appeal · 1929