Yule

This is an action by plaintiff to enforce the statutory liability of the stockholders for a debt of the corporation. Judgment passed for defendants. Plaintiff *514 moved for and obtained an order granting him a new trial and from that order defendants appeal. The complaint, so far as is necessary for the consideration of the questions here presented, shows that the Consolidated Piedmont Cable Company, a corporation, borrowed from the Oakland Bank of Savings, upon its corporate note, the sum of $10,000. Before delivery of the note, Mrs. Phebe Blair placed her name upon the back thereof as an accommodation indorser. In time Mrs. Blair was called upon to pay the note, and did so. Upon payment she took from the bank an assignment of the note, “and all its rights and interest thereto, and all moneys due or to grow due thereon, and all rights of action which said bank had or held against the said Consolidated Piedmont Cable Company and against the stockholders of said corporation created or existing in favor of said bank by reason of said loan.” Mrs. Blair in turn assigned and transferred to one Black the promissory note, and all rights and interest therein, and to all moneys due and'…