Shean

Shean v. Cook

Good Law
180 Cal. 92·1919 Cal. LEXIS 446·179 P. 185·3 A.L.R. 1042
Supreme Court of CaliforniaFebruary 28, 1919S. F. No. 7688.California3,505 words

Opinion

Lead Opinion

Wilbur, J.

This action was brought by plaintiff to recover from Carrie M. Cook upon her stockholder’s liability for indebtedness incurred by the Morton L. Cook Company, a corporation, in which it was alleged she owned 49,095 shares of the total capital stock of fifty thousand shares. Morton L. Cook, her husband and guardian, was joined as defendant. The court found' that Carrie M. Cook was not a stockholder in the corporation and rendered judgment in favor of defendants. Plaintiff appeals. Mrs. Cook has since died and the administratrix of her estate with the will annexed has been substituted. The main question presented by the appeal is as to the sufficiency of the evidence to support the finding of the court that Mrs. Cook was not a stockholder in the corporation. In determining that question we must consider the evidence from the view most favorable to the conclusion of the court. The corporation was organized March 6, 1903. Morton L. Cook was the owner of 49,095 shares. On the 28th of October, 1908, he caused a new certificate for these shares to be issued to Carrie M. Cook. Mr. Cook took this eertifi cate to his wife, telling her that they had decided to make her the principal…

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