Kullmann v. Greenebaum
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco-. The fraud set out in the complaint,, which is referred to in the opinion of the court, related to the securing by defendants of a composition with their creditors, which plaintiffs alleged they were induced to- sign under false representations. Further facts are stated in the- opinion of the court.
1Opinion of the CourtThornton, J.
The plaintiffs in this case seek a modification of the judgment. They ask the court to direct a modification of the judgment by the court below by ordering that court to enter judgment in accordance with the facts found by the jury, adjudging the defendants guilty of fraud, and directing process to issue against these persons according to law.
This we decline to do, for the reason that the complaint sets up no fraud by defendants of which the plaintiffs can complain.
*99The action is one for the conversion by defendants of shares of stock belonging to plaintiffs. The other matters pleaded to show…
2Cited by2 opinions
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