California Jurisprudence; A Complete Statement of the Law and Practice of the State of California Volume 6

California Jurisprudence; A Complete Statement of the Law and Practice of the State of California Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...Cal. Civ. Code, Co., 155 Cal. 121, 99 Pac. 494 (hold- Belley v. Campbell, 134 Cal. ing that where half the stock was 175 66 Pac. 220; Havemeyer v. held in an estate to which the Superior Court, 84 Cal. 327, 18 Am. owner of the other half was sole St. Bep. 192, 10 L. B. A. 627, 24 heir, the property being left sub-PC-121; Deming v. Maas, 18 Cal. ject to administration and payment APP-330 123 Pac-204; Beed & of debts, such stock was not so Co-v-Harshall, 12 Cal. App. 697. owned as to show that such person 108 Pac-719). And see cases eited was owner of all the stock and the infra. only person interested in the cor-17. Sargent v. Palace Cafe Co., poration). 175 Cal. 737, 167 Pac. 146. affairs, whether he executes a contract relating to corporate business in his individual or in his corporate capacity.18 So, where one who owned or controlled all the stock sold out to another reserving the right to prosecute for his own benefit any suits to which the corporation was then a party, the interest of the corporation thereby passed to the vendor of the stock and he could have continued the suits in his own name or in the name of the corporation.19 The admissions of the sole owner may be received as establishing facts upon which an estoppel might arise against the corporation;20 and he will be estopped to deny the validity of an instrument which he has represented to be regularly executed by the corporation.1 The fact that the act has not been accomplished in accordance with the corporate by-laws in such cases becomes immaterial. 15. Corporation as Instrumentality of Partnership.--Where a corporation is but the instrumentality or convenient medium for the transaction of the business of associates, equity wilHook...show more

Product details

  • Paperback | 440 pages
  • 189 x 246 x 23mm | 780g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236835913
  • 9781236835918