Howell's Annotated Statutes, sec. 5531, Suspension of Alienation..... 657 Revised Statutes, sec. 2039, Suspension of Alienation ENGLAND. 657 REPORTS OF CASES DETERMINED IN THE SUPREME COURT OF THE STATE OF CALIFORNIA. [No. 15724. Department Two.-July 5, 1895.] WINONA WAGON COMPANY, APPELLANT, v. W. W. BULL, RESPONDENT. CORPORATIONS-LIABILITY OF com STOCKHOLDERS-PLEADING.-A plaint in an action to enforce the liability of a stockholder of a corporation for his proportion of the indebtedness evidenced by promissory notes does not state a cause of action where it does not allege when the debt or liability of the corporation was created or incurred for which the notes were given, and does not show but that they may have been given in renewal of other notes, or upon settlement of accounts for goods sold and delivered or services rendered prior to their respective dates. ID.-NATURE And Extent of STOCKHOLDER'S LIABILITY.-The liability of a stockholder is an original liability created by statute, and is dependent upon the fact that he is a stockholder at the time the debt is created, and the extent of his liability is measured by the proportion between the stock then held by him and the total number of shares issued. ID.-REPRESENTATION OF STOCKHOLDER BY CORPORATION.-The corpo ration has no power to extend the liabilities of its stockholders, nor to represent them as to their individual obligation to pay a debt or liability at the time when it was first incurred, and it cannot bind them by a note subsequently executed in consideration of a prior liability of the corporation, for which alone the stockholders were responsible. APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. WALTER H. LEVY, Judge. The facts are stated in the opinion of the court. |