Berkeley Hillside Properties Co. v. Kelly

This action was brought under the provisions of section 349 of the Civil Code to collect by personal judgment the amount of a stock assessment.

The complaint alleges that the certificate was made out in the name of A. S. Kelly, and was fully paid for, though never delivered to him; that Kelly died and after his death the stock came into the hands of his executor; that Elizabeth P. Kelly was the sole devisee and legatee of the estate of A. S. Kelly and upon distribution thereof the executor of the estate delivered to her and she signed a receipt for all the property so distributed, including…