Douglas

This is an action against three stockholders of a corporation to recover the proportionate amount of a judgment obtained against the corporation in which these defendants were stockholders, on their alleged liability as such.

Summarized, the facts upon which the present action is based are as follows: On November 13, 1912, the plaintiff was injured in a collision between a delivery wagon of the Berlin Dye Works & Laundry Company, a corporation, and an automobile in which he was riding. Plaintiff commenced an action on the 13th of December, 1912, against said corporation for damages arising out of the collision, and, after trial, recovered judgment for the sum of ten thousand dollars, from which judgment the corporation appealed. The judgment was affirmed on December 17, 1914. On August 14, 1916, three years and eight and one-half months after the collision, plaintiff commenced this action against the three stockholders as aforesaid. Demurrers were interposed to the complaint by defendants on the grognds: (1) That it did not allege a cause of action against them, and (2) that the alleged cause of action was barred by the provisions of sections 338 and 359 of the Code of Civil…