Green

— The defendant is a California corporation which was organized on the twenty-second day of May, 1885, for the purpose of manufacturing medicines from the sap of trees known as abietine-trees, and the plaintiffs are stockholders of the corporation. The corporation levied an assessment of ten cents per share on its capital stock. The plaintiffs having refused to pay the assessment, their stock was advertised for sale. To prevent the sale, plaintiffs paid the assessment, under protest that the assessment was void and that they were under no lawful obligation to pay it.

The object of this action is to vacate the assessment, to recover from defendant the sum of the assessments paid by the plaintiffs, and to enjoin the defendant from further assessing plaintiffs’ stock.

Judgment passed for defendant, from which, and from an order denying his motion for a new trial, the plaintiff Green alone appeals.

The material facts found by the court and admitted by the pleadings are substantially as follows: —

On the day the corporation "was organized, May 22, 1885, A. F. Jones, John D. Williams, and the plaintiff Green entered into a written agreement with each other, reciting that they had…

—I concur in the judgment

affirming the judgment and order appealed from.

Hearing in Bank denied.