Parrott v. Byers
California Supreme Court
Appeal from tbe District Court of the Second District, County of Plumas. The case is stated in the opinion. First — The complaint of plaintiffs shows no cause of action in their faYox. It contains no allegation of demand upon the corporation, or refusal by it to institute the action in its own name; it therefore shows no equity in favor of the plaintiffs, and is fatally defective.
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Appeal from tbe District Court of the Second District, County of Plumas. The case is stated in the opinion. First — The complaint of plaintiffs shows no cause of action in their faYox. It contains no allegation of demand upon the corporation, or refusal by it to institute the action in its own name; it therefore shows no equity in favor of the plaintiffs, and is fatally defective. The cause of action for injury to the corporate property, is a cause of action in favor of the corporation, and not in favor of the stockholders, and no stockholder can sue upon such cause of action unless he make…
1Opinion of the CourtCrockett, J.
The plaintiffs claim that the Washington Quartz Mining Company is a corporation organized under the laws of this State for mining purposes, and is the owner of a certain *621lode or vein of gold-bearing quartz, which is described in the complaint; that the capital stock of said corporation is divided into one hundred and eighty-one shares, of which the plaintiffs own one hundred and fifty-seven shares and the defendants twenty-four shares; that the defendants “are the duly elected Trustees of said company,” and accepted the trust and entered upon the discharge of their duties as such Trustees,…
2Cases cited3 opinions
- Weston v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1856
- Naglee v. Pacific Wharf Co.California Supreme Court · 1862
- People v. LabraCalifornia Supreme Court · 1855
3Cited by27 opinions
- Winchester v. HowardCalifornia Supreme Court · 1902
- Cox v. DelmasCalifornia Supreme Court · 1893
- San Diego Construction Co. v. MannixCalifornia Supreme Court · 1917
- Rogers v. Nashville, C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1898
- Nat. Bank Etc. v. Western Pac. Ry. Co.California Supreme Court · 1910
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