Richman

This is an appeal by the plaintiff from a judgment against him in an action wherein the complaint presented the following facts:

The defendant bank is a corporation organized under the laws of the state of California. Its capital stock consists of 250 shares of the par value of one hundred dollars each. The number of directors of said corporation provided for in its articles of incorporation is three, and at all times mentioned in the complaint it has had a board of directors consisting of three members. On or about April 16, 1919, and prior to August 9, 1919, Joseph B. Moffere, Louis Yaiani and Louis Casaretto were the duly elected, qualified and acting directors of said bank. Moffere, on April 16, 1919, was the owner of 199 shares of the capital stock of the bank, represented by two certificates of stock issued in his own name, and also owned ten shares of stock which was represented by two other certificates for five shares each, issued in the names of Louis Casarettp and Louis Yaiani, so that these persons might act as directors of said bank. During April, 1919, defendants W. W. Stewart, W. G. Stewart and Clifford R. Stewart learned that said bank was insolvent and made…