Glover v. Manila Gold Min. & Milling Co.

Citations

• 19 S.D. 559
• 104 N.W. 261
• 1905 S.D. LEXIS 81

Syllabus

<p>1.- A complaint in an action by a stockholder of a mining corporation, for himself and all others similarly situated who may chose to unite with him, against it and the officers and directors thereof, alleging that such officers and directors, in pursuance of their plan to unlawfully and fraudulently depreciate the company’s stock, in order to render practically worthless stock held by plaintiff and others similarly situated, refused to dispose of treasury stock held for the purpose of acquiring-funds with which to prosecute assessment work on the company’s mining claims, essential to compliace with the federal arid state laws, refused to do such work, systematically depreciated the value of the treasury stock, refused to receive money therefor, removed the company’s hooks from the state, refused plaintiff any information regarding the company’s affairs, and so conducted its business as to destroy the value of the shares in order that they might relocate the property in the name of other parties, and thereby deprive plaintiff of his stock or render it practically worthless, to the company’s damage in a certain sum, and praying judgment therefor, for an accounting, and for an injunction restraining defendants from further unlawful acts, etc., states but one cause of action.</p> <p>2. The complaint alleging that by defendants’ fraudulent conduct the value of the stock had been greatly depreciated in value, to the company’s damage in the sum of $50,000, a demand for judgment in that sum and for other relief was not a demand by plaintiff for judg-ment personally.</p> <p>3. Code Civ. Proe. § 144, provides that the plaintiff may unite in the same complaint several causes of action, whether they be such as have heretofore been denominated legal or equitable, or both, where they arise out of “(1) the same transaction, or transactions connected with the same subject of action.” Held, that conceding that two or more causes of action, separately stated, were set out in the