Bank of British North America v. Madison

Citations

• 99 Cal. 125
• 33 P. 762
• 1893 Cal. LEXIS 622

Syllabus

<p>Banks—Time fob Emma Statements—Dibectobv Statute—Condition Pkecedent to Action.—The act of April 1, 1876, requiring a banking corporation to publish and file statements of its capital stock and of its assets and liabilities in January and July of each year, and prohibiting such corporation from maintaining any action in the courts of this state, “until they shall have first duly filed the statements herein provided for, and in all other respects complied with the provisions of this law,” is directory as to the naming of the months, and it is a sufficient compliance with the provisions of the statute if a semiannual statement is published and filed before the commencement of an action by the corporation, and before the time named in the statute for the publication of the next statement.</p> <p>Id__Two Statements Included in One Document—Recobd.—The fact that the statute provides for the semi-annual publishing and filing of two statements, one of the amount of the capital stock actually paid in, and the other of the actual condition and value of the corporation’s assets and liabilities, and where the same are situated, does not render it essential that they shall be presented in two distinct documents, and the incorporation of both of such statements in one document, which is published aud filed,is notobjectionable, espeeiallyif they are recorded in each of the books kept for that purpose by the county recorder.</p> <p>Id__Vebifioation of Statements—“Best Knowledge and Belief” of Agent. —The legislature, in requiring the sworn statements to be verified by the resident agent or manager of the corporation, did not intend to require an affidavit of a higher degree than could be made on the part of the officer from whom it is demanded, and when an affidavit is to be made of matters which are presumptively derived through information from others, it is sufficient if the affiant states that it is made to the best of his knowledge and belief.</p> <p>Id__Statement of Asset