Wilson

Plaintiff, for cause of action, alleged that

the defendant the Vallejo Electric Light and Power Company was an insolvent debtor, and that the defendant O. L. Henderson was its assignee. All of the other defendants, thirty or more in number, were creditors of the insolvent corporation, and entitled to share ratably in the distribution of its property and assets. On the twenty-fourth day of July, 1893, all of the defendants entered into a mutual agreement that it would be to their joint and several interests that the plant and business of the insolvent should not be shut down, but should be operated and maintained as it had before the corporation’s insolvency. Defendants thereupon “authorized and directed the said O. L. Henderson, for his, their, and each of their joint and several benefit and advantage, to carry on, maintain, operate, and run said plant in all respects as it should be run .... and further authorized and empowered and directed him to employ the necessary labor for said purpose and to buy the necessary supplies for said purpose.” Following this authorization, it is next alleged that the defendants applied for and obtained an order of the insolvency court, in which…