Minton v. Cavaney

56 Cal.2d 576, 15 Cal.Rptr. 641, 364 P.2d 473 (1961)

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Nature of the Case

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Facts

P's daughter drowned in Seminole's pool, which was leased from its owner. Cavaney was a director, secretary, and treasurer of Seminole. P introduced interrogatories answered by D where he stated that Seminole did not have any assets and the corporation never functioned as a corporation. D introduced evidence that Cavaney was an attorney, and that he was approached by two individuals who asked him to form a corporation and that he would be its attorney. D was a director and secretary and treasurer of Seminole. D as secretary of Seminole and Edwin A. Kraft as president of Seminole applied for permission to issue three shares of Seminole stock, one share to be issued to Kraft, another to F. J. Wettrick and the third to D. Evidence was introduced that D held the post of secretary and treasurer and director in a temporary capacity and as an accommodation to his client. The court held D personally liable. This appeal resulted.