Brown v. San Francisco Savings Union

BELCHER, C. This action was commenced in the superior court of Glenn county to recover damages for the alleged breach rof an agreement, entered into between the parties, giving the plaintiff an option to purchase certain lands in that county between certain dates at a stated price.

It is alleged in the complaint that the defendant is a corporation organized and existing under the laws of this state as a banking corporation, and at all the times mentioned in the complaint was, and now is, “doing a general banking business in the said state of California, and in the county of Glenn thereof,” and that “on or about the twenty-first day of April, 1896, the above plaintiff and defendant, at and in the said county of Glenn, California, made and entered into” the said agreement.

The answer admits that defendant is a corporation organized under the laws of this state, and alleges that it was and is incorporated under the act of the legislature entitled, “An act to provide for the formation of corporations for the accumulation and [649]investment of funds and savings,” approved April 11, 1863, and the acts amendatory thereof and supplementary thereto; and that since its organization and incorporation it has done business1 as a savings bank corporation according to the provisions of said acts, and not otherwise.

“Denies that at the times in the complaint mentioned, or at any time, defendant was, or at any time has been, or is, doing a general banking business in the county of Glenn, or elsewhere, in the state of California; and denies that it has ever done any business whatever in the said county of Glenn.

“Alleges that continuously since the date of its organization its office and principal place of business has been, and is, in the city and county of San Francisco, said state; that all of its business has been, and is, transacted at said office and place of business, and that it has never had any other office or place of business.

“A di-nits that on or about the twenty-first day of April, 1896, plaintiff and defendant entered into an agreement of option, etc., but denies that such, or any, agreement was made or entered into at said county of Glenn, or elsewhere than said city and county of San Francisco.”

The answer then sets up facts which if true would constitute a defense to the action. The complaint and answer were both duly verified.