Ward

Plaintiff brought this action to recover damages for the alleged wrongful conversion of two hundred and seventy-six shares of the capital stock of defendant corporation. The judgment was that he take nothing by his action, and he appeals from the judgment and from an order denying his motion for a new trial.

Plaintiff was the owner of the number of shares mentioned of the capital stock of defendant corporation on July 28, 1908. At that time he was a member of the board of directors of said corporation. Prior to July 28th, by proper resolution made and notice given, an assessment had been levied of ten per cent upon the capital stock of the company, which assessment was made payable on or before July 27, 1908. On July 28, 1908, at a duly called and assembled meeting of the board of directors, the plaintiff offered a resolution, which was unanimously adopted, in the following form, to wit: “Resolved, that this board hereby waives the collection of one- half of the assessment of ten per cent upon the capital stock of the corporation duly levied on April 27, 1908, and hereby reduces the amount of said assessment to five per cent of said capital stock, to wit: $5 per share, and the…