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45 Cal. 110

Stilphen v. Ware

California Supreme Court

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

October 30th, 1871, the plaintiff recovered judgment in the United States District Court, at San Francisco, against the Main Street Wharf and Commercial Company, for services rendered between April 1st, 1867, and June 6th, 1868. Execution issued upon the judgment was returned December 13th, 1871, not satisfied because of the insolvency of the company.

Relies on Young v. Rosenbaum · Larrabee v. Baldwin · Davidson v. Rankin

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

How this case has been cited

Cited by 10 later decisions — most recently August 1928

10 state decisions

30187218801890190019101920decided

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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By the Court:

¶1It is conceded that irrespective of the judgment rendered against the corporation itself, the cause of action stated in the complaint is barred by limitation, and if this be so, it is clear that the judgment did not of itself operate to prolong the time in which an action might be brought against the defendants as stockholders of the corporation. (Davidson v. Rankin, 34 Cal. 503; Larrabee v. Baldwin, 35 Cal. 168; Young v. Rosenbaum, 39 Cal. 646.)

¶2Judgment affirmed.

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