Coon

The plaintiff is a private corporation, organized in this state for commercial and manufacturing purposes, whose principal place of business “is San Francisco, California,” and brought this action to recover from the defendant an assessment of five dollars per share on his stock (100 shares) in the corporation.

The judgment of the court was in favor of the defendant, and the plaintiff appeals therefrom, and from an order denying his motion for a new trial.

It is alleged in the complaint, among other things:

The answer of the defendant specifically denies each of these allegations.

The court found that the whole capital stock named in the articles of incorporation is $250,000, divided into 10,000 shares of the par value of $25 per share, and that all said shares.were subscribed at the time of the organization of the corporation as follows:

*450 (This subscription is certified in the articles of incorporation, acknowledged on June 13, 1883, and is not disputed.)

The court further found that a part of said stock, not exceeding 1,705 shares, had been sold for assessments and purchased by the corporation prior to the levy of the assessment in question, leaving outstanding and…