Myers

This is an action brought by the plaintiff against the defendants to recover the value of ten shares of the capital stock of the Chittyna Exploration Company, a corporation, sold to the defendant Jennie G. MaeKinley under an assessment alleged in the complaint to be invalid.

The plaintiff recovered judgment for one thousand dollars, found by the court to be the value of said shares, and the appeal is by the defendant corporation and defendant MacKinley (the two of the defendants against whom the judgment was rendered) and is from the judgment and order denying their motion for a new trial.

Appellants have filed a brief in support of their appeal, but no answer thereto has been made by the respondent.

From the record it appears that in the month of May, 1899, one Allis was the owner and holder of ten shares of the capital stock of the corporation defendant, represented by a certificate; that while he was thus the owner he pledged the same to plaintiff to secure an indebtedness of four thousand five hundred dollars; that thereafter this stock was sold to pay an assessment which had been levied thereon by a resolution of the board of directors of the corporation.

The complaint is…