Lofquist

This is an appeal from a judgment entered after an order sustaining defendant’s demurrer to plaintiff’s first amended complaint.

The original defendant, R. W. Nuttall, died after the filing of this appeal and an order was made substituting as defendant the executor of his last will and testament.

By its amended complaint plaintiff seeks to recover from the original defendant four separate sums alleged to be due it from him, alleging that he was the secretary of plaintiff corporation for some time prior to September 20, 1913, and for six months thereafter, and that during such time and until December 29, 1919, he “dominated the said company, kept, made and had the entire control of the records and of the finances of said corporation”. The first cause of action seeks to recover the sum of $13,920, being the balance remaining, after payment to himself of $1800 for defendant’s services as secretary, of the sum of $15,720 collected by defendant on an assessment levied September 20, 1913, by the corporation on its issued capital stock. Such count also asks interest on said balance at the statutory rate of seven per cent per annum from January 1, 1914. The second cause of action claims…