Marshall

Plaintiff, a creditor of a corporation named “California Corporation,” brought an action against it to obtain judgment for a sum of money alleged to be due to him from said corporation. In said action a writ of attachment was issued and duly served upon the defendant herein by delivering to him a copy of said writ and a notice that all debts due and owing by him to said corporation were attached under said writ. Subsequently, on the sixteenth day of June, 1914, plaintiff obtained a judgment against said corporation for the sum of $3,921.00, upon which an execution was issued and, on July 5, 1914, returned unsatisfied except as to the sum of $1,234.83. Thereafter this action was brought to recover of the defendant, Wentz, the sum of four hundred and nine dollars, alleged to have been due, owing, and unpaid by him to said corporation when said writ of attachment was served.

As to the origin and nature of the indebtedness alleged to have been due to said corporation from the defendant, Wentz, the complaint herein alleges: That the defendant was the owner of four thousand shares of the capital stock of said corporation; that, on September 3, 1912, the board of directors levied an…