Wickersham v. Crittenden

This is an action brought by a stockholder of a bank for himself and other stockholders, to compel the defendant, Crittenden, to account, as president of said bank, for certain moneys received by him *328 for salary as such president, over and above the sum of two hundred dollars per month. Judgment went for plaintiff, and said defendant and the bank, which was made a defendant, appeal from the judgment and from an order denying a motion for a new trial. The general nature of the action appears in the opinion of the court in Wickersham v. Crittenden, 93 Cal. 17 (although matters other than said salary were there involved), and need not be repeated here.

There were, no doubt, errors committed by the trial court in ruling upon the admissibility of evidence. A mass of irrelevant documentary matter was admitted; but it did no harm, because it did not obscure, nor in any way affect, the main fact upon which the case turns, namely: that the increase of the salary of the president depended upon and was accomplished by his own vote as a trustee. This fact fully appears from the evidence, and is unaffected by any rulings claimed to be erroneous. As was said in Wickersham v. Crittenden,…