Bank of National City v. Johnston
California Supreme Court
APPEAL from Superior Court, Sau Biego County. Action by the Bank of National City against one Johnson to recover the amount of an assessment on shares of stock in a corporation. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtHarrison, J.
The plaintiff seeks by this action to recover the amount of an assessment upon certain shares of its capital stock held by the defendant. The resolution levying the assessment was adopted September 8, 189-6, and it fixed October 30th as the day on which unpaid assessments should *419be delinquent, and November 25th as the day for the sale of delinquent stock. The only issue presented by the answer is upon the allegation in the complaint that the plaintiff elected, by virtue of section 349 of the Civil Code, to proceed to recover the assessment by action. Judgment was rendered in favor of the…
2Cases cited5 opinions
- Matter of Petition of Argus Co.New York Court of Appeals · 1893
- Granger v. Original Empire Mill & Mining Co.California Supreme Court · 1881
- Smith v. . LawNew York Court of Appeals · 1860
- Minneapolis Times Co. v. NimocksSupreme Court of Minnesota · 1893
- Western Improvement Co. v. Des Moines National BankSupreme Court of Iowa · 1897
3Cited by1 opinion
- Union Sav. Bank of San Jose v. LeiterCalifornia Supreme Court · 1905