Mudgett v. Horrell
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Napa County. The evidence for the plaintiff and defendant concurred in showing that the defendant had some verbal arrangement with the corporation by which he was to do certain things for the company and receive seventy-three shares of stock therefor, and that the seventy-three shares were made out and offered to the defendant, but that he refused to accept of the same or receipt therefor.
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Appeal from the District Court, Seventh Judicial District, Napa County. The evidence for the plaintiff and defendant concurred in showing that the defendant had some verbal arrangement with the corporation by which he was to do certain things for the company and receive seventy-three shares of stock therefor, and that the seventy-three shares were made out and offered to the defendant, but that he refused to accept of the same or receipt therefor. The evidence also showed that the defendant did not perform the acts specified in the arrangement. The other facts are stated in the opinion of the…
1Opinion of the Court
By the Court, Currey, C. J.:
The defendant was sought to be charged as a stockholder in the Hamilton Quicksilver Company, a corporation organized under the laws of this State, (Hittell’s Gen. Laws, 932,) for his proportion, as alleged, of the debt due the plaintiff from the company. The action was upon two promissory notes made by the corporation—the one on the 30th of April, 1863, and the other on tire first of May, in the same year. Each of said notes was made payable six months after date, with interest at two per cent per month. The defendant traversed several of the material allegations…
2Cited by12 opinions
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- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897
- In Re Hull Copper Co.Arizona Supreme Court · 1935
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