Kniese

The plaintiff commenced an action against the defendant to recover a money judgment on certain assigned claims. The defendant appeared and answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff on his fourth count and from a judgment entered thereon the defendant has appealed and has brought up a bill of exceptions.

There are few disputed facts, but the most of the facts were developed on the trial by the testimony of G. C. F. Seidel, plaintiff’s assignor. The defendant is a corporation, having 10,000 shares of capital stock, all of which was, at the times mentioned in the pleadings, owned by G. C. F. Seidel. The corporation owns and operates a railroad about 1400 feet long running up the side of the mountain at Fair-fax in Marin County. The company has a full corporate organization. As a railroad corporation, reports, applications, etc., were duly made from time to time by it to the Railroad Commission. A formal set of corporate books was kept. On or about August 15, 1921, G. C. F. Seidel bought the corporate stock and took over the management. He was elected president, treasurer, and general manager. In addition…