Wyckoff

This is an appeal by the plaintiffs from a judgment against them in an action brought under section 309 of the Civil Code. Plaintiffs are creditors of the Keystone Construction Company and seek to charge the defendants’ testator with liability for the indebtedness of the said company, which indebtedness, it is alleged, is over and above the amount of its subscribed capital stock, aiid was incurred while defendants’ testator was a director of said corporation. The action was originally brought against J. A. Elston in his lifetime, but upon suggestion of his death, the executors of his last will and testament were duly substituted as defendants in his place and stead.

The following facts were stipulated and agreed to as evidence in the case: At all times herein mentioned, down to 1912, the Keystone Construction Company was a corporation duly organized and existing under the laws of this state, with •a total authorized capital stock of $25,000, divided into 250 shares of the par value of one hundred dollars each, fully subscribed and issued at the times mentioned. On March. 31, 1911, W. A Haekley, P. B. Haekley and R. C. Hackley were the owners of all of the capital stock of said…