Hanson
Hanson v. Choynski
Opinion
lead Opinion
Nourse, J.
Plaintiffs sued the defendants to impress a trust upon the sum of $1,598 alleged to have been received and held by them as trustees under the claim that' they were the directors of Olson’s Market, Inc., at the time of its dissolution as a corporation for nonpayment of license taxes under the provisions of section 10a of the act of 1907 (Stats. 1907, p. 746). The defendant Olson was not served with process and no proceedings were had against him. The cause was tried before the court and- resulted in a judgment for the two other defendants. The plaintiffs have appealed on typewritten transcripts. ■ It is obvious that no case was made against the defendant Hawkinson, and he does not appear on this appeal.
The gravamen of the case on appeal is whether the respondent Choynski was a director of the corporation at the time of its dissolution by forfeiture of its charter on November 30, 1907. The cause was tried before with this respondent as sole defendant. It resulted in a judgment in his favor which was reversed on appeal. (Hanson v. Choynski, 180 Cal. 275 [ 180 Pac. 816 ].) The complaint was amended, bringing in the other defendants and alleging that the three were the "duly elected,…