The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-18
BIRD-NESTERS WILL
BE HAILED INTO COURT
Ell NIDo MEMBERS SUED FOR AN
OLD DEBT.
They Have Tried to Evade the Issue
on Demurrer, but Their Success
Has Not Been Assured.
Oakland Office San Francisco Call,
90S Broadway, Jan. II.

Oakland Office San Francisco Call,
90S Broadway, Jan. II.
The liability of the stockholders of the
late lamented FL Nido Club of Alameda
will be tested in the Superior Court. Ell
Nido, as the term in Spanish signifies, is
a birds nest. In this particular instance
1t was a nest or cozy nook in the encinal
city where nightly congregated many OF
Alameda's most prominent and respected
citizens to while away a few hours with
the pasteboards and sip nectar and corn
juice. The club was incorporated under
the laws of the State. but was adjudged
insolvent August 3, 1897 at which time the
Indebtedness mounted to $1207 20.
1. P. Allen was appointed receiver, and
on September /, 1897, dividend was de-
clared by this officer, and distribution
made pro rata to creditors of $241 "A, leav-
ing balance due the latter of 1866 76.
Shortly thereafter Assignee Allen
the recovery of 1866 rs and costs. joining
sixty-four members as defendants, and
asking judgment in the sum of SIS 90
against each of these individual share
holders. The case was continued from
time to time and only a few days ago
came up on demurrer before Justice Nor
ris, Judge Marcus P. Wiggin represent
ing the defendants. The demurrer set
forth that the complaint was insufficient
in facts; that it was ambiguous and did
not state whether plaintiffs alleged cause
of action was founded on claims prior or
subsequent to August 3, 1897.
Judge Wfggin, in arguing on the demur-
rer, cited section 322 of the Civil Code,
under which this action was brought and
which is as follows:
1.-The liability of each stakeholder is
determined by the amount of stock or
shares owned by him at the time the
debt or liability is incurred"
Moreover, Judge Wiggin argued that
the complaint contained no allegation of
the time when any debt of the Ell Nido
Club was incurred, hence the insufficiency
of facts to constitute a good cause.
Justice of the Peace Morris entertained
the same view and the arguments of Da-
Wis & Davis, for plaintiff, could not
change him. He accordingly sustained
the demurrer, from which judgment AS
signee Allen to-day filed his appeal.
When Allen originally brought suit the
affair created much surprise and consid-
cradle CONSERVATION. for among the six
ty-four defendants and members of Ell
Nido were many of Alameda's most prom
inent and respected citizens, business
men and practitioners of the higher pro-
LESSONS, as a list of those who put in
the demurrer above mentioned will show:
the others sued are now resting on their
oars, awaiting a final determination of
the issues in the Superior Court These
are, together with their vocations, as fol-
lows: c. E. Elliott. insurance; E. Minor
Smith, City Assessor; A J. Van VOORHEES,.
druggist; A. F. st. Sure, City Recorder;
J. B. Lanktree, School Director; H P
Moreal, real estate dealer; W. R. Poy-
ger, City Engineer; w. F. Schultz, City
Trustee d. w. Martin, ex-Supervisor:
T. G. Daniels, editor; Henry Severing,
hank nreSidpOt