McAlvay

McAlvay v. Consumers' Salt Co.

Good Law
112 Cal. App. 383·1931 Cal. App. LEXIS 51·297 P. 135
Court of Appeal of CaliforniaMarch 9, 1931Docket No. 7651.California4,621 words

Opinion

Lead Opinion

The plaintiff brought the above action to quiet title to 225,000 shares of the capital stock of defendant corporation and to compel the issuance to him of a certificate therefor. The complaint alleged the ownership of the stock to be in plaintiff, and that defendant B. C. Stock-well, to whom a certificate therefor had been issued by defendant corporation, claimed an interest therein, which was without right. The defendants by their answer denied the material allegations of the complaint, and admitted that defendant B. C. Stockwell claimed an interest in the stock, which they alleged to be the full ownership thereof. The action was tried on these issues.

The court found plaintiff to be the owner of the stock and that B. C. Stockwell (who will be hereinafter referred to as the defendant) had no interest therein and wrongfully withheld the certificate mentioned. Judgment was entered quieting plaintiff’s title as against the defendants, and requiring the corporation (hereinafter referred to as the company) to issue a new certificate to the plaintiff.

The defendant since 1901 has been the wife of V. E. Stockwell, and R. P. Greenleaf, hereinafter mentioned, .is defendant’s mother. On…

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