Beedy

In this action the plaintiff sought to recover a judgment against the defendant in the sum of two thousand dollars. The plaintiff’s complaint pleaded a cause of action for moneys had and received; and the defendant, answering, denied that' it was indebted to the plaintiff in any manner for any sum; and cross-complaining, prayed for judgment against the plaintiff upon allegations of fact to the effect that, in the fall of 1906 the plaintiff and numerous other persons agreed in writing to form a corporation under the laws of the state of California, for the purpose of acquiring a site for a hotel in the county of San Mateo, and thereafter constructing a hotel building thereon and conducting the hotel business thereat, that the capital stock of said- corporation should be three hundred thousand dollars, divided into three thousand shares of the par value of one hundred dollars each; that ten per cent of the par value was payable without demand, and the balance on calls by the board of directors; that plaintiff subscribed for fifty shares of the stock of said contemplated corporation; that on the fifth day of November, 1906, defendant was duly incorporated; that on the eleventh day of…