Pacific National Bank v. Corona National Bank

In this action the plaintiff seeks, under the theory of an involuntary trust, to recover from the defendants a sum of money which was received by the defendant Corona National Bank and which it is claimed it ought not, in equity and good conscience, to retain. Briefly stated, the facts are as follows: On March 12, 1925, one James A. McEniry became vice-president of the Corona National Bank.. On that same day, the president and cashier of that bank each signed several blank stock certificates which were intended to be issued in place of a certificate previously issued to another stockholder in the bank. While these certificates were signed by the proper officers of the bank, they were not detached from the regular stock certificate book of the bank, and were not filled in either as to names, dates or numbers of shares. One of these certificates was number 214. It is conceded that the said James A. McEniry fraudulently removed said stock certificate No. 214 from the certificate book, and fraudulently filled in the same so that it purported to represent that 142 shares of stock in the bank, being a controlling interest therein, had been issued to him. He was, in fact, the owner of…