Burham v. San Francisco Fuse Manufacturing Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing an injunction. The action was brought by the plaintiff, a stockholder in the corporation defendant, to restrain the sale of his stock for a delinquent assessment, on the ground that the notice of sale had been published for an insufficient length of time.
Read the full summary
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing an injunction. The action was brought by the plaintiff, a stockholder in the corporation defendant, to restrain the sale of his stock for a delinquent assessment, on the ground that the notice of sale had been published for an insufficient length of time. The assessment in question was levied on the 6th of April, 1885, and not being paid by the plaintiff, the corporation, on the 2d of June, passed an order for the sale of the stock on the 15th of June. The notice of the intended…
1Opinion of the CourtMcKinstry, J.
—The order of the 2d of June directing a sale of the delinquent stock of plaintiff was irregular, and any sale upon thirteen days’ notice would have given to the purchaser no title which he could assert *28against the plaintiff, should the latter tender him the amount of the assessment, and bring his action to recover the stock within six months. (Civ. Code, sec. 347.) But the assessment was valid (Civ. Code, sec. 346), and it was the duty of the plaintiff to pay it. A court of equity properly refused to entertain his application for an injunction to prohibit the sale in the absence of an…
2Cited by5 opinions
- Mantle v. Jack Waite Mining Co.Idaho Supreme Court · 1913
- Stephens v. Lemoore Canal & Irrigation Co.California Court of Appeal · 1913
- Brown v. St. Paul Consolidated Oil Co.California Court of Appeal · 1929
- Newhall v. HunsakerCalifornia Court of Appeal · 1918
- Houston Casualty Company v. National Union Fire Insurance Company of Pittsburgh, PADistrict Court, N.D. California · 2019