CALIFORNIA WESTERN STATES LIFE INS CO v. TUCKER (1938)

District Court of Appeal, First District, Division 2, California.

CALIFORNIA–WESTERN STATES LIFE INS. CO. v. TUCKER.†

Civ. 10437.

Decided: February 01, 1938

Garret W. McEnerney and Andrew F. Burke, both of San Francisco, for appellant. Williamson & Wallace, of San Francisco, and Ware & Ware, of Chico, for respondent.

This is a companion case with American Trust Company, a Corporation, v. California–Western States Life Insurance Company, a Corporation, 76 P.2d 201, this day filed. It was submitted on the same record as the case just mentioned. Separate briefs were filed, which contained references to and passages adopting the briefs filed in the former case. Except as to names, dates, and amounts, the facts are the same. The pleadings are different in some respects, but there is no allegation and there is no finding that defendant was ever a subscriber for the stock of the plaintiff or became indebted on any stock subscription. There is no evidence and there is no finding that on June 13, 1933, the plaintiff had any liabilities, or, if so, the amount thereof.

For the reasons set forth in the above–mentioned case the judgment is reversed.

STURTEVANT, Justice.

We concur: NOURSE, P. J.; SPENCE, J.

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