Opinion · California Supreme Court
Faymonville v. McCollough
59 Cal. 285
- Type
- Opinion
- Court
- California Supreme Court
- Jurisdiction
- California
- Date
- 1881-07-15
- Topic
- commercial
The Court: There was no demurrer to the complaint on the ground that there was a misjoinder of parties defendant, or that causes of action were improperly united. These objections to the complaint were, therefore, waived. The general demurrer ought not to have been sustained. The obligation of stockholders to pay their respective proportions of debts of the corporation, incurred while they are stockholders, is direct and primary (Constitution, Art. xi, § 3; C. C., § 322; M.
Citator
UpLaw has not yet analyzed Faymonville v. McCollough. The absence of a flag is not a finding that it is good law.
There was no demurrer to the complaint on the ground that there was a misjoinder of parties defendant, or that causes of action were improperly united. These objections to the complaint were, therefore, waived. The general demurrer ought not to have been sustained. The obligation of stockholders to pay their respective proportions of debts of the corporation, incurred while they are stockholders, is direct and primary (Constitution, Art. xi, § 3; C. C., § 322; M. H. C. & M. Co. v. Woodbury, 14 Cal. 266; Prince v. Lynch, 38 id. 528).
Judgment reversed arid cause remanded, with direction to the Court below to overrule the demurrer.