Houser

Stockton Combined Harvester & Agricultural Works v. Houser

Good Law
103 Cal. 377·1894 Cal. LEXIS 782·37 P. 179
Supreme Court of CaliforniaJuly 17, 1894No. 19366California847 words

Opinion

lead Opinion

Belcher, J.

This is an appeal by the plaintiff from an order of the superior court of Los Angeles county, denying its motion for a change of the place of trial of the action from that county to San Joaquin county. The motion was made upon the ground that the convenience of witnesses and the ends of justice would be promoted by the change.

The plaintiff was a corporation, organized under the laws of this state, and having its principal place of business at the city of Stockton, in San Joaquin county. Its capital stock was $300,000, divided into 3,000 shares, of which about 2,800 had been actually subscribed for and taken. On October 4, 1892, the defendant was the owner and holder of 400 shares of the said capital stock, and at that time $50 on each share of the subscribed capital stock had been fully paid up.

The action was brought to recover an assessment of $25 per share, levied on October 4, 1892, on the stock held by defendant. The complaint averred that the plaintiff was indebted to divers persons, companies, and corporations in sums aggregating $150,000, and was unable to meet its liabilities and satisfy the claims of its creditors, and that to meet such liabilities an assessment in…

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