California Packers Co. v. Merritt Fruit Co.

The complaint alleges that the defendant, in September, 1900, subscribed for one hundred and twenty-five shares of the capital stock of plaintiff at the par value of $10 per share, the same to be paid for upon call, with the exception of the first payment of twenty-five cents per share, and that the said shares were issued and delivered to defendant; that in March, 1904, plaintiff duly issued a call upon its stockholders for $6 per share upon every share of its capital stock, the call upon defendant amounting to $750, which it refused and neglected to pay, and for which sum judgment is prayed.

The answer denies the principal allegations of the complaint and alleges affirmatively that in January, 1903, defendant paid to plaintiff the sum of $4,648.22 in full payment and satisfaction of the said indebtedness and of all demands of every kind and nature, and that thereupon the plaintiff executed and delivered to defendant a release and discharge of said indebtedness.

The instrument claimed to be a release or discharge is set forth in the answer, and is as follows:

Findings were filed, upon which judgment was entered for plaintiff as prayed. This appeal is from the judgment on the…