Kleinecke

Plaintiff brought the action to compel the defendant corporation to transfer to her on its -books, and to deliver to her, a certificate for 47,156 shares of its capital stock, of which she alleged she was the owner. The cause was tried by the court without a jury and findings and judgment were in favor of plaintiff. Defendants appeal from the judgment on the grounds that the evidence is insufficient to sustain the decision and that the decision is against law.

It appears from the findings of the court: Defendant corporation is organized and existing under and by virtue of the laws of the state of California, with a capital stock of seventy-five thousand dollars, divided into seventy-five thousand shares of the par value of one dollar each. On July 16, 1908, defendant Chute borrowed six thousand dollars from plaintiff, giving to her his promissory note for said sum, payable in six months, with interest, and indorsed and delivered to plaintiff three certificates representing in the aggregate 47,156 shares of the capital stock of the defendant corporation, then owned by him, as security for the payment of said note. Some payments of interest were made by defendant Chute, and he…