Johnson v. Goodenough

Citations

• 103 Wash. 625
• 175 P. 306
• 1918 Wash. LEXIS 1132

Syllabus

<p>Appeal — Decisions Reviewable — Amount in Controversy. Tbe amount claimed, and not tbe amount recovered, determines tbe jurisdiction of tbe supreme court in actions at law for tbe recovery of money, under Const., art. 4, § 4, limiting tbe same when tbe original amount in controversy does not exceed $200.</p> <p>Appeal — Record—Exhibits. It is not essential that a bulky exbibit be physically attached to tbe statement of facts, when sent up with tbe record and referred to in the statement and identified in tbe judge’s certificate.</p> <p>Corporations — Stock—Contract of Sale — Dividends—Construction. Where tbe by-laws of a warehouse company provided for two kinds of dividends, (1) a flat rate based on tbe shares of stock, and (2) participatory in surplus in proportion to tbe volume of business done by members, a sale of shares in which tbe buyers agreed to pay tbe seller any dividends due upon bis stock, applies only to tbe flat or stock dividends, and does not render them liable for subsequently declared participatory dividends in which tbe seller was treated by tbe corporation as a non-member; since tbe bylaws imposed tbe condition of doing business with tbe company to share in tbe participatory dividend, irrespective of owning stock; and bis remedy, if any, was against tbe corporation declaring tbe dividend, and not against- tbe stockholders upon their contract of purchase.</p> <p>Same. In such a case, it would be incumbent on tbe seller to show tbe amount of business transacted by participating members and by himself, in order to show tbe amount he would be entitled to on a participatory dividend.</p>