California Treasure Box v. Superior Court

California Court of Appeal Nov 13, 1934 No. Civ. No. 9595Published

Before: Stephens

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Holding. The court denied a petition for a writ of mandate to discharge an attachment in an action for the recovery of money paid for corporate stock following rescission based on false pretenses.

Issues

Whether an attachment may be issued in an action for the return of purchase money paid for corporate stock after rescission based on false pretenses.

Disposition. Peremptory writ denied.

Quotations verified verbatim against the opinion

“The alternative writ is discharged and the peremptory writ is denied.”

STEPHENS, P. J. This proceeding is one in mandamus to require the discharge of an attachment issued out of an action in the superior court. It is alleged in the complaint that corporate stock was purchased by the plaintiff under defendant’s false pretenses and that plaintiff promptly rescinded. The prayer is for the return of the purchase money paid with interest.

The facts bring the issue within the principles expressed in McCall v. Superior Court, 1 Cal. (2d) 527 [36 Pac. (2d) 642].

The alternative writ is discharged and the peremptory writ is denied.

Crail, J., and Willis, J., pro tern., concurred.

California Treasure Box v. Superior Court

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