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40 Cal. 77

Harding v. Vandewater

California Supreme Court

Decided October 15, 1870

California Supreme Court · decided 1870-10-15

District, City and County of San Francisco. This action was commenced against Robert J. Yande-water in bis lifetime, to recover six thousand dollars and interest alleged to be due upon a promissory note made by him, and payable to the order of the Real del Monte Consolidated Gold and Silver Mining Company. While the action was pending, Yandewater died, leaving his wife, Ann Sophia Yandewater, sole executrix.

Relies on Brumagim v. Bradshaw

Good law ✅— No negative treatment on recordhow we know

Decided 1870-10-15

How this case has been cited

Cited by 13 later decisions — most recently November 1929

13 state decisions

30187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Temple, J.,

¶1delivered the opinion of the Court, Crockett, J., Bhodes, C. J., and Sprague, J., concurring:

¶2The statement on motion for a new trial, does not specify particularly wherein the evidence is insufficient .to sustain the judgment, nor does it specify any error alleged to have *83occurred at the trial. The only specifications of error are:

¶3First — That the decision of the Court is against law.

¶4Second — That upon the facts and evidence, the Court should have rendered its decision in favor of plaintiff.

¶5This is clearly insufficient, as was held in Brumagim v. Bradshaw, (39 Cal. 24.)

¶6If we could regard the statement, however, we are still of the opinion that the judgment must be affirmed.

¶7The order levying the assessment, for which the note of Yandewater was given, was made at a special meeting of the Trustees, and there appears to be no substantial conflict in the authorities upon the proposition that, when there is no different provision in the charter or by-laws of a corporation, such meetings must be called by giving personal notice to each member of the Board of Trustees. The fifth section of the Act of 1853 (Statutes 1853, p. 281), which provides that a majority of the whole number of the Trustees shall form a Board for the transaction of business, and every decision of a majority of the persons duly assembled as a Board shall be valid, etc., does not change the rule. The question as to when they shall be considered as duly assembled is not settled by the statute.

¶8The judgment and order are affirmed.

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