Burbank

The plaintiff as a stockholder of the San Gabriel Valley Land and Water Company, a corporation, brought this action against L. W. Dennis, John P. Sanborn, Frederick D. Sanborn, and the San Gabriel Valley Land and Water Company to recover a large sum of money, claiming such moneys to be the property of the corporation defendant, unlawfully held by defendants John P. Sanborn and L. W. Dennis. Judgment was recovered for the sum of eighty-three thousand dollars and interest, and this appeal is prosecuted by defendant Dennis from the judgment and order denying his motion for a new trial.

The following allegations of the complaint give a general idea of the cause of action relied upon to support the recovery: “That during or about the month of March, 1887, the defendants, L. W. Dennis, John P. San-born and Frederick D. Sanborn, entered into an arrangement and agreement as promoters, for the purpose of organizing the said defendant corporation, with a view of purchasing certain lands in the said county of Los Angeles, which said lands were to be, after the organization of said corporation, conveyed to the same for the purpose of selling the same, and in which corporation the said…