Schenck

Belcher, C. C.

The plaintiff commenced this action to recover judgment against the defendants for one thousand dollars liquidated damages, with costs of suit, under the provisions of an act of the legislature of this state, approved April 23, 1880 (Stats. 1880, p. 134). The case was submitted in the court below upon an agreed statement of facts, and judgment was given for plaintiff as prayed for in his complaint. The appeal is from the judgment, and rests on the judgment roll.

The facts of the case, as they were agreed to and found by the court, are as follows: In September, 1880, the Pittsburg Gold Mining Company was a corporation, organized under the laws of this state, for the purpose of mining, and. having its office and principal place of *232 business at the city and county of San Francisco. The capital stock was ten million dollars, divided into one hundred thousand shares, and of this stock, during the said month of September, and until long after the commencement of this action, the plaintiff was the owner and holder of 230 shares.

On the eighteenth day of September, 1880, the defendants were duly elected directors of the said corporation, and from thence until the…