Damiano

This is an appeal from a judgment in defendants’ favor after the order sustaining their demurrer to the plaintiff’s complaint without leave to amend. The following are the facts of the case as shown by said complaint:

On May 13, 1913, one John A. Bunting was the owner of one hundred and eighty thousand shares of a total issue of two hundred thousand shares of a mining corporation known as the Birchfield Mining Company. On said May 13, 1913, the plaintiff was an employee of said corporation, and was injured in an accident occurring in the course of his employment. John A. Bunting died on May 1, 1916. Thereafter and on May 17, 1916, the defendants were appointed the executors of his estate. Notice to creditors was duly ordered and published May 27, 1916. On February 27, 1917, the plaintiff herein presented his claim against said estate for the sum of $10,900.32, alleged to be due upon the proportionate statutory liability of said John A. Bunting, deceased, as a stockholder in said corporation. The claim being rejected, the plaintiff commenced this action on March 31, 1917.

To his complaint setting forth the foregoing facts the defendants demurred upon the general ground, and also…