Maloney

Appellant suffered a judgment rendered against him for an alleged illegal exaction from appellee for stamp taxes and appeals.

Appellee was organized as an Oregon corporation on April 6, 1931, with an authorized capital of $350,000 consisting of 350,000 shares of stock having a par value of $1 each. On May 1, 1931, each of four persons subscribed for one share of'stock. In addition, one C. R. Griffith subscribed for all the remaining stock (349,996 shares) upon the condition that appellee would accept as payment therefor a lease covering certain real, property in Wyoming, and a drilling contract, and also agreed that if appellee accepted his offer, he would “donate 249,996 shares of said capital stock to the corporation for sale by it upon such terms and conditions as it may desire to sell the same or for use by it in any manner it desires, subject however to a voting trust agreement to be executed prior to the time said stock is delivered to” appellee.

The five subscribers executed a voting trust agreement whereby they agreed to transfer the legal title to all their stock to three trustees who were to vote the stock, issue voting trust certificates, distribute any dividends…