Davidson v. Rankin
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This action was brought to recover the sum of twenty-seven hundred and seventy-one dollars, alleged to be due from the testator of the defendants to the plaintiff, on a liability accrued to the plaintiff against the “ Segregated Crown Point Mining Company,” a corporation of which said testator was a stockholder.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This action was brought to recover the sum of twenty-seven hundred and seventy-one dollars, alleged to be due from the testator of the defendants to the plaintiff, on a liability accrued to the plaintiff against the “ Segregated Crown Point Mining Company,” a corporation of which said testator was a stockholder. Plaintiff had judgment, and defendants moved for a new trial, which was denied. The defendants appealed from the judgment and the order denying a new trial. The other facts are stated in the…
1Opinion of the Court
By the Court, Sanderson, J.:
This is an action brought by a creditor of a corporation against the executor of a deceased stockholder, to recover the proportion of the claim due, or alleged to be due, from the estate of his testator.
The cause of action in favor of plaintiff against the corporation, as appears from the evidence, was the wrongful conversion by the latter of eight shares of its capital stock, property of the assignor of the plaintiff. The conversion took place on or about the 21st day of January, 1864. Suit was brought against the corporation on the 14th of March, 1866, and…
2Cases cited1 opinion
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
3Cited by19 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Mitchell v. BeckmanCalifornia Supreme Court · 1883
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Young v. RosenbaumCalifornia Supreme Court · 1870
- Ellsworth v. BradfordCalifornia Supreme Court · 1921
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