Richey

Richey v. Ziegler

Good Law
1928 Cal. App. LEXIS 163·89 Cal. App. 35·264 P. 293
Court of Appeal of CaliforniaFebruary 6, 1928Docket No. 6191.California619 words

Opinion

Lead Opinion

Tyler, J.

Action on stockholder’s liability. The complaint alleges the Gladiator Manufacturing Company to be a corporation with a total capital stock of 1000 shares, of which defendant Clara B. Ziegler owns 500 shares and defendant Clarence M. Petty the remainder. That on October 3, 1923, one Belle Nutman obtained an award before the Industrial Accident Commission against said company for the sum of $3,893.10 and that thereafter a duly certified copy of said award was filed in the office of the clerk of the superior court of Los Angeles County on September 29, 1924, and thereupon a judgment on award for said sum was duly entered and docketed in the judgment-book of said court; that said Belle Nutman assigned the said award and judgment to the plaintiff in the action at bar. The complaint then alleges that defendants and appellants herein were stockholders of said corporation at the time said debt was incurred and it is prayed that a judgment be rendered against the defendants on account of their liability as stockholders of said Gladiator Manufacturing Company. The defendants demurred to the complaint upon the ground that the same did not state facts sufficient to constitute a cause of…

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