Francais

Francais v. Somps

Good Law
1891 Cal. LEXIS 1242·92 Cal. 503·28 P. 592
Supreme Court of CaliforniaDecember 29, 1891No. 13524California633 words

Opinion

Lead Opinion

Sharpstein, J.

This action is brought to recover one thousand dollars against the defendant as a director of the Yosemite Queen Gold, Silver, and Lead Mining Company, a corporation, for omitting to cause to be made and posted an itemized account or balance-sheet on the first Mondays of November and December, 1886, and the first Monday of January, 1887, as required by the provisions of an act amendatory of an act entitled “An act for the better protection of the stockholders in corporations formed under the laws of the state of California, for the purpose- of carrying on and conducting the business of mining,” approved March 30, 1874. That an action of this kind may be maintained has been settled in Loveland v. Garner, 71 Cal. 541 ; Beal v. Osborne, *505 72 Cal. 305 ; Schenck v. Bandmann, 81 Cal. 231 ; Chapman v. Doray, 89 Cal. 52 .

The defendant appeals from the judgment, and from an order denying his motion for a new trial.

The first point presented in appellant’s brief is, that the subject of the act is not sufficiently expressed in its title. But under the decision in People v. Parvin, 74 Cal. 552 , the title is sufficient to satisfy the provision of the constitution relating thereto.

The…

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