Partridge

Defendant’s demurrer to plaintiff’s complaint having been overruled, and, his motion to strike out certain portions of the same having been denied, he refused to answer, and takes this appeal from the judgment thereafter entered against him.

Plaintiff, executrix, prosecuted the action to enforce a stockholder’s liability against Butler for his proportion of the debt due her testator from the S. S. Construction Company, a corporation. After proper averments showing the number of shares of stock owned by Butler and the total number of subscribed shares of the capital stock, she pleaded that her testator under contract with the corporation performed certain labor for it, for which the company agreed to pay the sum of $6,977.16. She then alleged:

The principal argument upon the demurrer, as well as upon the motion to strike out, is that the cause of action here pleaded is not upon the original debt for which alone there is a statutory liability against the stockholder, but is on a new cause of action under the contract of stated account (Littlefield v. Nichols, 42 Cal. 372 ; Coffee v. Williams, 103 Cal. 550), upon which latter the stockholder may not be held. It is true that the…