gno.law

Bell Development Co. v. Marshall

California Court of Appeal · Civ. No. 1958. · 1917-11-16 · Published · 169 P. 717 · 35 Cal. App. 324 · 1917 Cal. App. LEXIS 335

BELL DEVELOPMENT COMPANY (A Corporation), Respondent, v. W. A. MARSHALL, Appellant

Proceeding
appeal from a judgment
Trial court
Superior Court of Imperial County
Trial judge
W. H. Thomas
Outcome
reversed — The judgment is reversed, with directions to the trial court to sustain the demurrer.
Area
civil
Panel
John D. Works (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Works

WORKS, J., pro tem.

This is an action for an unpaid subscription to the capital stock of respondent corporation. The appellant interposed a general demurrer to the second amended complaint, the demurrer was overruled, and, the *325 appellant standing on the issue of law and refusing to answer, the respondent had judgment.

The pleading of the respondent alleges an ordinary demand for the payment of the subscription and the appellant’s refusal to comply with the demand;

but there is no allegation that the respondent has attempted to follow the provisions of section 331 of the Civil Code and those coming after it. In this state, where the contract of subscription for stock is silent as to the time and manner of payment, calls for unpaid subscriptions are placed in the same class with assessments upon paid-up shares, and the above-mentioned sections of the code provide a complete scheme for the making of collections of each of the two kinds of obligations. Suits cannot be commenced until the procedure there laid down has been exhausted, and in such a suit the complaint must show that the j>rocedure has been followed.

(Los Angeles Athletic Club v. Spires, 166 Cal. 173, [135 Pac. 298];

Imperial Land & S. Co.

v. Oster, 34 Cal. App. 776, [168 Pac. 1159].)

The judgment is reversed, with directions to the trial court to sustain the demurrer.

Conrey, P. J., and James, J., concurred.

Cites, in this corpus

Cited by