Munton

Munton v. Bekins

Good Law
1935 Cal. App. LEXIS 1290·9 Cal. App. 2d 228·49 P.2d 338
Court of Appeal of CaliforniaSeptember 23, 1935Civ. 10134California596 words

Opinion

Opinion

Crail, J.

This is an appeal from a judgment in favor of the respondent in an action against the appellant (a defendant) and other alleged stockholders of the Hollywood Dry Corporation to recover moneys alleged to be due by reason of the statutory stockholders’ liability formerly embraced in section 322 of the Civil Code.

Appellant complains because the trial court did not make findings on his separate defenses. In a fifth and separate defense the appellant alleged that all shares of the capital stock of said corporation standing in the name of the appellant’s decedent at the times alleged in the complaint were issued by said corporation in the state of Delaware without receiving any cash, labor done, personal property, real estate or leases thereof actually acquired by said Hollywood Dry Corporation (which would make the stock void because issued in violation of the constitution of that state). As a seventh and separate defense the appellant alleged that all of said shares were sold to the said appellant’s decedent in the state of California by persons, not bona fide owners of such shares of stock disposing of their own property for their own account, but that said sales were made directly…

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