Strathern

Strathern v. Rock Island G. & S. M. Co.

Good Law
2 Cal. Unrep. 71
Supreme Court of CaliforniaMarch 3, 1880No. 6365California246 words

Opinion

Lead Opinion

Sharpstein, J.

The allegations of the complaint in substance, are that one Calderwood obtained a judgment against the defendant corporation for the possession of thirteen hundred and thirty-three and one-half shares of its capital stock, or fifteen thousand six hundred and sixty-six dollars and sixty-six cents. That prior to said judgment, Calderwood, for a valuable consideration, transferred to the plaintiff in this action, two hundred and fifty shares of said stock, or two thousand nine hundred and thirty-seven dollars and fifty cents, which would be the equivalent of two hundred and fifty shares of said stock in the event of said judgment being paid in money. That after said judgment was entered, the plaintiff demanded of the secretary two thousand nine hundred and thirty-seven dollars and fifty cents, and he refused to pay that sum, or any part thereof. It appears, however, by another allegation of said complaint that the judgment against the defendant and in favor of Calderwood had been satisfied of record by the order of the court in which it was obtained before said demand was made upon the secretary of the defendant corporation for the sum above specified.

The complaint was demurred to…

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