Hocker

Plaintiff brought this action to recover possession of a stock certificate. Plaintiff had judgment upon a trial before the court sitting without a jury, and from this judgment defendant appeals.

The stock certificate in controversy is designated as certificate No. 5, issued by Moore & Co., a California corporation, representing 250 shares of its capital stock. This company may be termed a “family corporation”, as most of the stock was at all times owned by the Moore family group. It was formed in 1913 for the purpose of owning and operating a certain hotel in Manzanita. Thomas E. Moore, a brother of both plaintiff and defendant, organized the corporation and was its president. The total number of shares issued was 2,000. These were originally represented by four certificates, issued as follows: No. 1 to Thomas E. Moore for 750 shares; No. 2 to George Moore .for 375 shares; No. 3 to James Moore for 375 shares; and No. 4 to F. Ayer for 500 shares. Certificate No. 4 was surrendered by Ayer in 1914 and thereupon certificate No. 5 for 250 shares in the name of J. M. Hocker and certificate No. 6 for 250 shares in the name of F. Ayer were issued in lieu thereof. In 1916 Thomas E. Moore…