Bullard v. Kinney

Citations

• 10 Cal. 60
• 1858 Cal. LEXIS 187

Syllabus

<p>Where there is nothing in the constitution of a joint-stock-company which regulates the remedies of the shareholders, as between themselves, the general law of partnership must govern them.</p> <p>Where two shareholders in such company sold to the company goods to a large amount, and afterwards, during the existence of the company, sold their stock to A, and assigned their account for such goods to B, who sued such company on said account by/ attachment: Meld, that such action could not be maintained, there having been no final settlement of the partnership accounts, no balance struck, and no express premise on the part of the individual members to pay their ascertained portion.</p> <p>The assignees of such account were placed in no better situation by the assignment, to sue, than the assignors before the assignment.</p>