Green
Anheuser-Busch Brewing Ass'n v. Green
Opinion
Lead Opinion
Parker, J.
This is an appeal from a joint and several judgment rendered against defendants in an action brought to recover damages alleged to have been sustained by plaintiff as the result of certain acts and omissions on the part of defendants as officers and directors of a corporation, as will more fully appear hereinafter.
The American Products Company was organized as a corporation under the laws of the state of California in 1918, the appellant Green being president thereof, the appellant Tuck being secretary and the appellant Guernsey treasurer. On December 31, 1920, a judgment was obtained ' by Anheuser-Busch Brewing Association (plaintiff herein) against American Products Company in the sum of $2,728.50, together with costs and interest. An appeal from such judgment was taken resulting in its affirmance. Execution was issued and no assets of the defendant corporation could be found and the judgment remained and now remains wholly unsatisfied.
On September 27, 1921, Anheuser-Busch Brewing Association commenced an action to enforce the liability of the stockholders of American Products Company upon the judgment claim. Green, Tuck, and Guernsey were made defendants jointly with…