Dennis v. Superior Court
M. DENNIS v. SUPERIOR COURT OF LOS ANGELES COUNTY
- Area
- civil
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
The Court.
We think that the personal liability of a stockholder of a corporation for his proportion of the *549indebtedness of the corporation is an obligation arising upon contract, within the meaning of-section 112 of the Code of Civil Procedure, giving original jurisdiction to a justice’s court in actions arising upon contract for the recovery of money, when the amount claimed is less than three hundred dollars.
The court of appeals of Maryland had before it the question of the nature of such a liability upon the part of a stockholder, in Norris v. Wrenschall, 34 Md. 492, and in that ease it was held to be an obligation so far ex contractu as fairly to come within the spirit and intent of a statute intended to facilitate the recovery of judgments in suits “ when the cause of action is a contract, whether in writing or not, or whether express or implied.”
We are satisfied with the conclusion there reached.
It follows that the application for the writ applied for herein must be denied, and it is so ordered.
Cited by
- Cook v. Justice's Court Civ. 1963 · 1936-10-07
- Whittier v. Visscher L. A. No. 7117. · 1922-08-18
- Miller & Lux, Inc. v. Katz Civ. No. 577. · 1909-05-11
- County of San Luis Obispo v. Gage Sac. No. 1042. · 1903-06-22
- Bliss v. Sneath S. F. No. 557 · 1898-01-05
- Kennedy v. California Savings Bank No. 19052 · 1892-12-28