Craig v. San Bernardino Inv. Co.

Citations

• 101 Cal. 122
• 35 P. 558
• 1894 Cal. LEXIS 994

Syllabus

<p>Vacating Default Judgment— Excusable Neglect—Mistake of Secretary of Corporation—Misleading Statement of Plaintiff.—A judgment by default against a corporation is properly vacated for excusable neglect where it appears that the summons was served upon its secretary, and that he inquired of the plaintiff, who was a lawyer, if the fact that some of the defendants resided in another county would give all defendants thirty days within which to answer, and was informed that it would, and being misled by plaintiffs’ statement did not at once refer the matter to an attorney, but waited until he could see the regu- „ lar attorney of the corporation who resided in another county, and but for this assurance the corporation would have answered in time.</p> <p>Id.—Refusal to Transfer Stock—Action for Value—Affidavit of Merits.—Where the suit in which the default judgment was vacated Was brought to recover the value of certain shares of the stock of the corporation on the ground that the defendant had refused to transfer ' them on its books, and to issue a new certificate to the plaintiff, who was the purchaser and assignee of the stock, an affidavit of merits showing that the corporation never did refuse to transfer the stock, and that the plaintiff has obtained a judgment for seventy-one thousand seven hundred and fifty dollars for stock having no greater value than two thousand and fifty dollars, is a sufficient showing of merits.</p>