McArthur

McArthur v. John McArthur Co.

Caution
1919 Cal. App. LEXIS 232·39 Cal. App. 704·179 P. 700
Court of Appeal of CaliforniaFebruary 12, 1919Civ. No. 1878.California552 words

Opinion

Lead Opinion

Burnett, J.

Plaintiff brought the action for an accounting, charging the individual defendants with fraud, conspiracy, and misappropriation of the funds of the corporation defendant, in which the decedent, Archibald McArthur, was a stockholder. The answer denied all the allegations of misconduct, and the court found in favor of the defendants upon all the material issues, but declared that the books of the corporation had been unscientifically kept, although “the method of bookkeeping employed has been substantially the same as that which has been maintained by said corporation ever since its organization, and that because of the unscientific system of bookkeeping the court finds that the plaintiff is excusable for bringing this action and for that reason, reasonable attorney’s fees should be allowed attorneys for plaintiff.” The trial court concluded that two thousand dollars was a reasonable amount of said fees and entered its judgment accordingly.

This judgment is certainly unique. We would be glad to know if there is any statute or any decision of the highest court of any state that justifies it. Our attention has not been called to any authority that supports it. Indeed, respondent’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.