Fox v. Mackay

Citations

• 123 Cal. 580
• 56 P. 434
• 1899 Cal. LEXIS 1120

Syllabus

<p>Mining Oobpobation—Action by Stockholders—Findings—Suppobt op Judgment.—In an action by a stockholder of a mining corporation to recover from a defendant stockholder for the benefit of the corporation, made defendant, a payment of fifty thousand dollars, out of which it is alleged that the defendant stockholder conspired to defraud, and did defraud, the corporation, with the aid and connivance of its directors, if the court, upon issue joined with the defendant stockholder, finds that the expenditure was made for unusual and extraordinary services of the superintendent of the company in extinguishing a fire of long standing in the lower levels of the mine, outside of his ordinary duties as superintendent, and that the defendant stockholder committed no fraud, that he was not a conspirator or member of the board of directors, and was profited in no way by the transaction, but was an entire stranger thereto, the findings are sufficient to show his non-liability, and to sustain a judgment in his favor.</p>