Smith v. Fagan
California Supreme Court
Smith v. Fagan, 17 Cal. 178 (Cal. 1860)
Baldwin
Smith v. Fagan
Opinion of the Court
Cope, J. concurring.
The order granting a new trial is affirmed. The bill shows a title to relief upon the ground of the plaintiff’s interest, as a stockholder or partner in the joint stock company mentioned therein; entitling him, if the averments were proved, to a decree affirming his interest, and directing an account. The plaintiff was entitled to an account, and we can see no error in the order of the Court’ for a retrial upon the facts, even if we .are. to regard the
Reference
- Full Case Name
- SMITH v. FAGANs.
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- 2 cases
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- Syllabus
- The complaint in this case, alleging that plaintiff and defendants are members of a joint stock, company known as the “ Miner’s Ditch Company,” that defendants exclude plaintiff from participation in the business or benefit from it, that they have received large sums of money from the same, and refuse to account or pay him anything, etc., entitles plaintiff to relief by a decree affirming his interest and directing an account.