Watton

By stipulation of the parties in open court, the above cases were tried together. Separate records of the cases are made, but the briefs filed are the same in both cases.

Both actions were begun on January 25, 1922. In substantially the same words, except as hereinafter disclosed, both complaints alleged that the Colonial Amusement Syndicate was a Nevada corporation, licensed to do business within California. That Norval L. Watton died on May 24, 1921, and that Alice G. Watton, his widow, was, after due proceedings, appointed the administratrix of his estate. That on divers times between the twenty-fourth day of May, 1921, and the eighth day of October, 1921, defendants received moneys, aggregating $20,000, for the use of Norval L. Watton, “in his lifetime,” and since his death for the use and benefit of his estate. These moneys are alleged to have been received by defendants from the following sources, to wit: “for and on account of moneys had and received as the proceeds of the operation of the Colonial Theatre in the City of Stockton, and the lease of the property thereof, and for moneys deposited in bank belonging to said corporation, and deceased.” Then follows a further…