Blakemore

American Well & Prospecting Co. v. Blakemore

Good Law
184 Cal. 343·1920 Cal. LEXIS 331·193 P. 779·19 A.L.R. 1087
Supreme Court of CaliforniaNovember 19, 1920L. A. No. 5132. L. A. No. 5133.California5,205 words

Opinion

Lead Opinion

Lor, J.

Both the plaintiff, American Well and Prospecting Company, a corporation, and the defendants, C. P. Blakemore, William Schneider, and Jacob Fieber, appeal from a judgment in favor of the plaintiff in the respective sums of $3,820.15 against the defendant Blakemore, $1,140 against defendant Schneider, and $1,140 against defendant Fieber, in two actions brought to recover from the defendants certain sums alleged to be due from each of them as the balance not paid in upon their stock in the defendant corporation, Rex Midway Oil Company.

There is no dispute as to the facts. The Oil Company was organized under the laws of this state in May, 1910. All its works were located in Kern County. April 10, 1912, the company’s note for $8,738.80 was executed in favor of the plaintiff. This note was not paid, and on October 27, 1913, the plaintiff secured judgment thereon against the Oil Company in the sum of $8,738, upon which judgment execution was issued but later returned wholly unsatisfied. It is this judgment which is the basis of plaintiff’s claim.

At the time of its organization the Oil Company had a capital stock of two hundred and fifty thousand dollars, divided into one million…

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