O'Connell
O'Connell v. Walker
Opinion
Lead Opinion
Hart, J.
The court below declined to grant the motion of the appellant to discharge the writ of attachment issued in this action, and this appeal is from the order denying said motion.
The defendants were the directors of the California Safe Deposit and Trust Company for several years prior to and at the time that said company was declared to be insolvent by the state bank commissioners in the month of December, 1907, and at the time said corporation was adjudged insolvent and a receiver thereof appointed, on the eighteenth day of January, 1908, by the superior court in and for the city and county of San Francisco. This action is against said corporation and the directors thereof. The complaint alleges that the plaintiff, as administratrix, etc., in the year 1907 deposited with the savings department of said company the sum of $1,774.00, which it agreed to pay to her on demand, and “although she has demanded said money from said company, no part thereof has ever been paid to her, and the whole of said sum with interest thereon is still due and owing to this plaintiff.”
It is further alleged that during the incumbency in office of the defendants, other than the corporation, as directors…