Oudin & Bergman Fire Clay Mining & Manufacturing Co. v. Conlan

Citations

• 34 Wash. 216
• 75 P. 798
• 1904 Wash. LEXIS 339

Syllabus

<p>Corporations — Stock—Trustee-—Disposal of Stock Held by. A trustee of a corporation, by a sale of all his stock therein, ipso facto ceases to be a trustee, in view of Bal. Code, § 4255, requiring trustees to be stockholders.</p> <p>Same — Control of Property — Stockholder’s Right as Against Officers. A mere stockholder in a corporation has no right to the possession or control of the property as against a trustee who is also an officer.</p> <p>Appeal — Dismissal — Admission of Appellant — No Controversy Existing. In an action to enjoin a former trustee and stockholder of a corporation from exercising control over the affairs of the corporation, in which a temporary injunction is granted, an appeal by defendant claiming to be a trustee, will be dismissed on motion on the ground that no controversy exists, where the answer admits that said trustee had sold all of ■his stock in the corporation, and it is not denied that he had shortly before testified that he was no longer a stockholder and had severed his connection with the corporation.</p>