Kochritz

This is an action against the stockholders of Central Alaska Fisheries, Inc., to enforce their stockholders’ liability. On June 26, 1924, the trial court made an order quashing the summons issued upon the second amended complaint and dismissing the action as to Mathew Hamilton, as the administrator of the estate of J. Carmichael, deceased, and this appeal is from that order.

The grounds of the action, as alleged in the second amended complaint, are that W. H. Martson guaranteed the notes of the Central Alaska Fisheries, Inc., aggregating $138,000; that as such guarantor he paid $126,644.60 on account of the principal and interest of such notes, and that the corporation has repaid to him the sum of $18,681.89 and no more. The action is brought by The W. H. Marston Company, as the assignee of W. H. Marston, against the stockholders of Central Alaska Fisheries, Inc., to recover the amount expended by W. H. Marston over and above the amount repaid to him by the corporation.

The first complaint was filed on September 17, 1923. It named J. Carmichael as the owner of 400 shares of the total of 9,794 shares of the subscribed capital stock of Central Alaska Fisheries, Inc. On July 2,…