Platz

Bryce Swartfager, individually and as trustee, has appealed from a judgment which was rendered against him and other officers and directors of Contact Mercury Mines Co., Inc., a corporation organzied under the laws of Nevada, in a creditor’s suit for liability under section 412 of the Civil Code, for materials sold to the mine, no part of which was paid. None of the other defendants appealed from the judgment. The judgment was rendered against the appellant and other directors and agents of the foreign corporation on their statutory liability for wrongful “distribution "of assets” of the insolvent foreign corporation to other creditors, to the exclusion of the plaintiff. The plaintiff was awarded judgment for the amount of its unpaid claim in the sum of $3,718.99, together with interest and costs. A lien on 137,640 shares of stock of the new California corporation, which were held by the appellant as security for payment of an attorney’s fee of $5,000 due from the last mentioned company, was also granted in this case, with authority to sell the same to satisfy the judgment.

The estate of John E. Grover, deceased, is the owner of a 20-acre quicksilver mining claim in Pine Flat…