Cordes

Action to enforce stockholder’s liability. The defendant had judgment on his motion for nonsuit and plaintiff appeals.

The complaint alleges the existence of a California corporation known as and called “California Marketing Exchange,” having an authorized capital stock of $100,000 divided into 4,000 shares of the par value of $25 each; that at all times between September 13, 1920, to February 28, 1921, inclusive, the defendant was the owner of 20 shares of the capital stock of said corporation; that' between September 13 and September 24, 1920, the number of shares issued was 130, and between September 24, 1920, and February 28, 1921, inclusive, the whole number of subscribed and issued shares of the capital stock of said corporation was 140. The complaint then sets forth five separate causes of action, which causes of action it is alleged were assigned to W. P. Cordes, deceased, and constituted the basis of his action herein. In these several causes of action the plaintiff alleges indebtedness by the corporation, and, by reason of such indebtedness, seeks to hold the defendant for his proportionate share thereof.

Section 3 of article XII of the constitution of the state of…