Redington

—This appeal is from a final judgment in favor of the defendant, rendered on demurrer to plaintiff’s third amended complaint in two counts, and presents for decision the general question, Should the demurrer have been sustained?

The facts alleged in the first count of the complaint are substantially as follows: —

During a period of time embracing all the transactions alleged, the plaintiff and defendant were stock *53 holders and directors of the Redington Quicksilver Company, a California corporation, and the plaintiff was president of the board of directors. During the same period the subscribed capital stock of the corporation consisted of 1,260 shares, of which the defendant owned 461 shares. From September 1, 1879, until June 1, 1882, the corporation had “a mutual, open, and current account” with Redington & Co., a copartnership. At divers times during that period the copartnership received from the corporation consignments of quicksilver, which it sold and disposed of for the corporation, and collected the proceeds thereof, advanced and loaned money to the corporation, and paid out money for its use, and also received partial payments from the corporation on the account.…