Bull

Plaintiff, a foreign corporation, claiming that- the “ Bull & Grant F'arm Implement Co.,” a California corporation, was indebted to it in a large sum of money, brought its action against defendant Bull to enforce his liability as a stockholder in the latter corporation for his proportion of said indebtedness.

The cause was tried by the court, and plaintiff had judgment, but, being dissatisfied with the amount recovered, moved for a new trial, and appeals from the judgment and from an order denying its motion.

The complaint contained two counts upon a single cause of action, but upon the trial the first count was abandoned.-

The second count, as it was stated in the amended complaint, was upon a promissory note made by the “ Bull & Grant Farm Implement Company ” to the plaintiff on November 12, 1890, at one day, for the sum of four thousand nine hundred and fifty-four dollars and fifty-three cents, and alleges that defendant Bull' at all the times mentioned in the complaint, owned one-third of the capital stock issued by the corporation, and prayed for judgment against him for one-third of said sum.

Afterward plaintiff amended said second count by. striking out certain lines…