Dammann
Dammann v. Hydraulic Clutch Co.
Opinion
Lead Opinion
Thomas, J.
This is an action brought praying for injunctive relief. The second amended complaint, it is claimed, states a cause of action. A demurrer was interposed, was sustained with leave to amend, and plaintiff, having failed to amend within the time allowed, judgment was entered accordingly. The appeal is from the judgment so entered.
Plaintiff alleges that he is the owner of three thousand four hundred shares of the capital stock of the defendant Hydraulic Clutch Company; that said company “has been and now is a corporation duly incorporated and existing under the laws of the state of California’ ’; and that the defendants named herein, excepting said defendant company, “have been and now are the and all the directors and officers of said corporation.” It is alleged, “on information and belief,” that the defendant corporation is the owner of certain United States patents for the construction of certain hydraulic machinery, which said patents “are the total and only assets of said corporation, except the sum of five hundred dollars in lawful money of the United States.” The complaint further avers that, for the purpose of evading the laws of this state, the officers and directors of…