Zierath

Zierath v. Claggett

Good Law
1920 Cal. App. LEXIS 664·46 Cal. App. 15·188 P. 837
Court of Appeal of CaliforniaFebruary 5, 1920Civ. No. 3178.California2,696 words

Opinion

Lead Opinion

Thomas, J.

This is an action brought by the trustees of a defunct corporation to ascertain and to have adjudicated the amount due from each of the 248 defendants other than the corporation defendant, as subscribers, owners, and holders of shares of stock of the defendant Midway Southern Oil Company of Long Beach, and to have and recover judgment against each of the defendants herein for the amount found to be due plaintiff, not to exceed, as to any defendant, the amount found due from said defendant, and for general relief.

The second amended complaint is in two counts. Each count is based upon a judgment recovered by plaintiff against said corporation defendant—the Midway Southern Oil Company of Long Beach. There was a specific denial of each and every material allegation of this complaint, upon which the action was tried. Trial was had before the court without a jury, and findings were entered in favor of plaintiff in the sum of $4,727.84, with interest, adjudicating “that in no event are the plaintiffs entitled to a judgment against any defendant in an amount to exceed eighty cents (80c) per share upon the number of shares owned by such defendant,” and fixing the limit of liability as to…

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