J. F. Lucey Co. v. McMullen
California Supreme Court
B>.—'Insufficient Findings of Fact—Issue of Stock as Bonus for Loan—Failure to Find Value of Stock.—Where in such action the defense set up by the answer was that the stock was issued to the defendant as a bonus for a loan by the defendant to the corporation, that the stock at the time had no market value, and that the transfer was for a full consideration and for the highest market value, it was incumbent on the court (if it found that the stock was issued as a bonus for a…
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B>.—'Insufficient Findings of Fact—Issue of Stock as Bonus for Loan—Failure to Find Value of Stock.—Where in such action the defense set up by the answer was that the stock was issued to the defendant as a bonus for a loan by the defendant to the corporation, that the stock at the time had no market value, and that the transfer was for a full consideration and for the highest market value, it was incumbent on the court (if it found that the stock was issued as a bonus for a loan) to find also what actual value the stock had, if any, since, in such event, the defendant would be entitled to…
1Opinion of the Court
RICHARDS, J., pro tem.
T his is an appeal from a judgment in favor of plaintiff and also from an order refusing to set aside said judgment and enter a judgment for the defendant. As to this latter appeal it is unnecessary to consider it separately, since the same matters presented thereon arise upon the appeal from the judgment. (Hayne on New Trial and Appeal, sec. 199.) The action was one brought by the plaintiff as a judgment creditor of the OaklandMcKittrick Oil Company, a corporation, and also as the assignee of two other judgments against said corporation, and is one in which the…
2Cases cited13 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Fogg v. BlairSupreme Court of the United States · 1891
- Vermont Marble Co. v. Declez Granite Co.California Supreme Court · 1902
- Cohen v. KnoxCalifornia Supreme Court · 1891
- McKee v. Title Insurance Etc. Co.California Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Morgan Clark v. MillsapCalifornia Supreme Court · 1926
- Brockett v. Winkle Terra Cotta Co.Court of Appeals for the Eighth Circuit · 1936
- Spencer v. AndersonCalifornia Supreme Court · 1924
- Sherman v. HarleyCalifornia Supreme Court · 1918
- American Well & Prospecting Co. v. BlakemoreCalifornia Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.