Mancini

This case grows out of a dispute that has already been much litigated and the basic facts have been twice previously before the appellate courts. (Mancini v. Setaro, 69 Cal. App. 748 [ 232 Pac. 495 ] ; Mancini v. Patrizi, 87 Cal. App. 435 [ 262 Pac. 375 ].) As in the two former cases, plaintiff and respondent has obtained judgment for the statutory penalty of four hundred dollars for the refusal of defendant and appellant to transfer on the books of L ’Italia Press Co., a corporation of which appellant is the president, eight shares of its capital stock represented by certificate No. 19. How respondent acquired this certificate is set out in the two opinions above cited and need not be repeated here, further than to say that he purchased it for value and without notice of the by-law relied upon by appellant to justify his refusal to recognize him as a stockholder. That by-law was adopted on October 14, 1909, and reads as follows: “No share of stock in this corporation is transferable without the holder thereof first presenting the same to the office of the corporation and offering the same for sale to said corporation.”

In Mancini v. Setaro, 69 Cal. App. 748 [ 232 Pac. 495 ], the…