Bank of National City v. Johnston

Citations

• 6 Cal. Unrep. 418
• 60 P. 776
• 1900 Cal. LEXIS 1108

Syllabus

<p>Corporation—Meetings of Directors—Notice.—Where, in the absence of by-laws fixing the times for meetings of directors of a corporation, all of the directors, being duly assembled, agree to adjourn to a date and hour named, a meeting held by a majority of the directors at the time thus fixed is a legal meeting of the board, though no personal notice of the meeting is given to each director; and the acts of such meeting will be valid, under Civil Code, section 308, providing that every decision of a majority of the directors, made when duly assembled, is valid as a corporate act.</p> <p>Corporation—Adjourned Meeting of Directors—Assessments.— In the absence of any limitation imposed by statute or the articles of incorporation or by-laws of a corporation, requiring the object of .a special meeting to be stated in the notice therefor, a board of directors, duly assembled at an adjourned meeting, may resolve to proceed by action for the collection of an assessment upon stock, as provided in Civil Code, section 349, where the resolution levying the assessment fixed a day when unpaid assessments would become delinquent, and the time for payment has expired.</p> <p>Appeal.—Where Defendant Answers Over After Demurrer to the Complaint is overruled, and no appeal is taken, he cannot; on the appeal of plaintiff from a judgment in defendant’s favor, insist upon affirmance upon the ground that his demurrer should have been sustained.</p>