Sacramento daily record-union., 1882-12-22
ADVERTISEMENT MENTIon.
LOCAL INTELLIGENCE.

LOCAL INTELLIGENCE.
A PECULIAR CASE, IMPORTANT TO CoRPo-
RATIoSs.-Ihe case of Hobbs We. Heilborn,
Sheriff, ct al, recently passed upon by Judge
benson of the Superior Court, involved a
proposition of Importance to persons who deal
with corporations, as it determines the status
Of debtors Of defunct insurance company.
The California Farmers Mutual Insurance
Association, an outgrowth of the Granger
movement in 1874, organized as an insurance
company in that year, and did large bpsi-
ness with farmers and members Of the several
Oranges, on a PLAZA peculiar to itself. MANY
of the farmers became indebted to the COM
pauy on contracts of insurance, failed to pay
were susd and lost che cases. In the course
OF the litigation discovery was made of what
was claimed to be defect in the original or.
ticles of incorporation. fled in 1874, and the
Attorney. General was induced to permit an
action Of quo warranto to be brought in the
name of the State, to declare that, by reason
of the alleged defect. the corporation was
not legally created and never had lawful
existence. On the trial of this quo; warranto
suit the Superior Court at San Francisco beld
that the articles of incorporation were de-
fective, and as a result there never had been.
in law, such corporation. The Sheriff of
Sacramento county held an execution against
Hobbs, issued in suit brought by the com.
pany for dues sccruing on one of it's policies.
and to restrain the Sheriff and officers of the
alleged corporation from executing it, he
brought an I'M unction suit, stating the facts
above detailed. TIE argument on demurrer
and order to show cause brought before the
Court the question, what became of the
debt, the judgment and execution on it, and
what was the relation of the debtor to the
company? 2" On full Consideration it was
held by the Court that he who had dealt with
the corporation as such, made contract with
it and had the expected benefit, was estopped
from saying it was not corporation that.
had HIS building burned, the company could
not resist payment Of the loss on the plea
that it never had legal existence, and the
other party was bound in a like manner
that the company was de fdcto corporation,
and whether 1t was one dc jure or not YVES q
matter between IL and the STATE alone. That
the judgment by the Superior Court of San
Francisco declaring the corporation dissolved
was not a iegel defense to the payment Of a
debt contracted with said company, and the
effect OF such Judgment Of dissolution was
not such as 10 prevent . collection of the
assets CT the dc fdcto corporation or discharge
it from its obligations. The injunction WIS
denied.
JUSTICE Yesterday morning the river
steamer from San Francisco brought as a
passenger from lsleton a man named William
Dougherty, in charge of two officers-Con.
stable Z. Z. Hensley and Deputy Constable
A. j. Bump. He had been arrested in Isle.
ton the day before on two charges-battery
and resisting an officer. A trial was held
before Justice of the PeaceJ. P. Poole. and the
prisoner was convicted and sentenced TO nav
fine of Sl50, or in default Of payment TO be
confined IN the County Jail one day for each
dollar OF the tne. The Constable said there
had been some bad feeling between Dough-
erty and man named Sprague for some
time, on account of domestic troubles, After
landing their prisoner safely in the County
Jail the two men applied to the Board OF
Supervisors for payment for the work. The
claims wsTe referred 20 the Committee on
Accounts and Expenditures. That of
HSss!ey sany was reduced from s27
to S23, and favorable report made, viii e |
that OF Bump was returned to the Board |
without action. After some discussion Bump
was allowed $40 for services rendered and |
expenses incurred in assisting to bring the |
prisoner to the Jail, Supervisors Blair and |
Butler voting no. It was claimed by them |
that there was no law under which to allow |
to suppose that it was necessary to have two |
men to bring one prisoner up on the steamer. |
The claim of Hensiey was iallowed as reported |
by the committee. In the meantime another |
act of the farce was bsing performed in the |
Superior Court. The prisoner was brought
before that tribunal on a writ of habeas cor.
pus, and both The charges dismissed and the
defendant discharged.
Board OF SUPERvIsoRs.-Th Board of
Supervisors were in session yesterday. In
regard to relief the following orders were
made: Mrs. King was allowed the sum of
IS; She application of Mrs. McGrew was re-
ferred to Supervisor Wilson, with power to
act $40 was SLOWED each to Mr.. Neither
cote and Ellen Bowser. Supervisor Wilson
reported that he had furnished Mrs. Ayers |
with groceries and wood. The application of
Mrs. Sslgard was referred to Supervisor
Blair. with poxer to act. b. n. Bugbey was
allowed $50, being his claim for twelve days
services rendered in the ipjuncsion suit against
the Gold Run Ditch and Hydraulic Mining
Company. The bond of A. B. Bryant, as
Overseer of Road District No. 16, was re-
ceiyea and approved. The Committee on
Contracts and Printing reported favorsbly on |
the bids Of Coyle Brothers for furnishing 20 |
cords of second. growth white. oak wood, and |
of VIM. McKinron for 80 cords Of the same, |
and Of D. b over for so cords Of pine wood, |
to be delivered at the County Hospital. The |
report was adopted. The claim of Mrs. |
Weir, for rebate on taxes, was referred 10 the |
Auditor and Assessor. On motion the Clerk |
was authorized TO notify the Clerk of San |
Josquin county that the Board of Supervisors |
of this county will meet with their committee |
to examine the Dry creek bridge. on Wednes- |
day, the 275h instant, at IL o'clock noon. |
The Board took recess until 10 A. NJ. to-day. |
AUCTIONS. To-day Bell & Co. will sell large |
lot of household goods, Of ali kinds, by public |
auction, at their salesroom on street, near |
Tenth. Among ether goods the following are
announced to be sold: Walnut chamber sets, |
spring and top mattresses, parlor set (new), |
chamber set (ssh), double bedsteads, new |
kitchen safes, Brussels carpets, fifteen assort- |
ed cSromos. oil paintings, and lot Of COM !
mon furniture. Sale t. begin ct 1890 A. NJ. |
-. .Sherburn & Smith, suctioneers, will sell |
a lot of household furniture tomorrow at |
their sRlesroom on K street, near Fourth. |
Also the entire contents of a restaurant. The |
sale Will commence st 1890 A NJ.
That PAY CAR There seemed to be con-
siderable doubt in the minds of many last |
Wednesday evening, SIS to whether the pay |
car would arrive to-day, as announced By the |
proprietor OF the Capital Clothing House. A |
reporter called on Mr.. Poli,z yesterday, and |
was shown dispatch from headquarters to
that effect. He says that other dealers in |
his line OF husiress, beiug jealous of his iu- |
timste relationship witn Stanford & Co., |
caused them TO start the rumor. He said.
notwithstanding their Iumor to the con- J
trary, the pay car would be here to-day. |
and that he will still continue to offer !
the public CREST bargain 80 and 40 |
per cent. less than heretofore, as fol. |
lows: Handsome business suits, formerly |
sold for Sl5, are now offered for $40 |
Diagonal suits $50, now SIS. Elegant black |
dress suits S35, row S25. Elegant dress /
suits S25, now SIT 50. Nobby suits $50, now
SIS 30. Beautiful Scotch quits $50, now Sl4. /
Overcoats SIS. nov SO. Elegant overcoats
Sl9, now Sl2 so. Ten pair Shaker socks, 81, |
White shirts, 81. Canton flannel shirts and /
drawers. 40 cents. He has only 4S boys
quits left. which he offers for so cents on the
dollar. Ladies wishing to make their hus-
bands or boys a present viii find full stock
to select from at this store. This sale will
T..