Mancini

Appeal by defendant Patrizi from a judgment in favor of plaintiff for the sum of $400, with costs, under section 324 of the Civil Code, providing in part: “Whenever any officer of any corporation shall refuse to make entries upon the books thereof, or to transfer stock therein, or to issue a certificate or certificates therefor to the transferee as provided by this and the next preceding section, such officer shall be subject to a penalty of four hundred dollars, to be recovered as liquidated damages, in an action brought against him by the person aggrieved. ’ ’

The complaint alleges that defendants Setaro and Patrizi are secretary and president, respectively, of L’Italia Press Company, a California corporation with a capital stock of $100,000 divided' into 4,000 shares of $25 each; that in August, 1908, one Emilio Chirone was the owner and holder of eight shares of said stock, represented by certificate number 19; that Chirone afterward sold the shares and indorsed the certificate to- Buffalo Brewing Company, a corporation; that thereafter the latter company, by L. C. Brandt, its agent, again sold the shares and indorsed the certificate to one V. Savio; that in 1912 the stock…