Mudgett v. Horrell

Citations

• 33 Cal. 25

Syllabus

<p>Proof of bring Stockholder in Corporation.—If the entries in the stock and transfer book of a corporation are regarded as presumptive evidence that a person therein named a stockholder was such, the books are impeached and the presumption is overcome, if the evidence given orally by witnesses shows that he never accepted but refused to accept any stock in the company.</p> <p>Stockholder in Corporation.—One who never accepts but refuses to accept any stock in a corporation, is not a stockholder, even though the Secretary enters his name in the books as such.</p> <p>By Currey, C. J., ShAFTER, J., concurring : Stock Book of Corporation not Evidence.—The stock book of a corporation is not admissible in evidence in an action by a creditor of the corporation against one claimed to be a stockholder, for the purpose of proving that he is such stockholder.</p>