California Supreme Court, 1856

McAuley v. York Mining Co.

California Supreme Court · Decided July 1, 1856 · Heydenfeldt

6 Cal. 80

Cases that cite this one

3 later published cases cite this decision.

Murchison National Bank v. Dunn Oil Mills Co. (N.C. 1909)
Blen v. Bear River & Auburn Water & Mining Co. (Cal. 1862)
Mokelumne Hill Canal & Mining Co. v. Woodbury (Cal. 1859)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Chief Justice Murray concurred.

*81The defendant is a corporation. Three witnesses were introduced on its behalf, who were members of the corporation at the time the liabilities were incurred for which this action was brought.

By the 15th sec. of the Act of 1853, “ to provide for the formation of Corporations," the liability of the stockholder continues for “ all debts contracted during the time that he was a stockholder."

The witnesses were therefore incompetent, by reason of their interest, and the objection to their evidence should have been sustained.

The judgment is reversed and the cause remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.