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8 Cal. 2d 770

Marble v. Hasberg

California Supreme Court

Decided February 26, 1937

California Supreme Court · decided 1937-02-26

Decided 1937-02-26

THE COURT.

¶1The questions invo'ved in the appeal in these consolidated cases are the same as those raised in Dietzel v. Anger, L. A. No. 15987 (ante, p. 373 [65 Pac. (2d) 803]), this day decided. The trial court in the instant case reached the conclusion that the plaintiffs, representing the holders of bonds of a corporation in default, had no right to sue defendants, stockholders of the issuing corporation, where rights of action under or because of the bonds were vested in a trustee which had not been asked to sue. For the reasons stated in Dietzel v. Anger, supra,the lower court’s decision was correct.

¶2The judgment is affirmed.

¶3Rehearing denied.

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