Whitcomb

This action was brought to recover ten shares of corporate stock, or the value thereof, which plaintiff alleged had been illegally made the subject of a sale for a delinquent assessment. Plaintiff had judgment, from which the defendants appeal. [1] There was also an appeal attempted to be taken from an order denying to defendants a new trial; but as that order was not appealable, the appeal therefrom should be dismissed.

The contentions of the plaintiff,, which were upheld by the trial court, were, first, that the meeting of the directors at which the assessment was levied was not legally called in that the directors were not given written notice of the time and place of hearing; second, that a subsequent meeting of the directors, at which a resolution was adopted postponing the sale of stock upon which the assessment had become delinquent, was illegally held in that the directors were not given written notice of the time and place of hearing; third, that the plaintiff as a stockholder never received a notice, nor was any sent to him, advising him of the delinquency ; fourth, that defendant Giannini, who was the purchaser of the stock at the delinquency sale, being a director of…