Opinion
Docket No. S.F. 16026.
January 22, 1940.
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Daniel C. Deasy, Judge. Affirmed.
The facts are stated in the opinion of the court.
Chickering Gregory, Stephen R. Duhring, Bauer, MacDonald, Schultheis Pettit, MacDonald, Schultheis Pettit and Fred E. Pettit, Jr., for Appellant.
Williamson Wallace, Ingebretson, Ray, Rawlins Christensen, Ware Ware, Downey, Brand Seymour, Stephen W. Downey, James D. Adams, McCutchen, Olney, Mannon Greene for Respondent.
Neil Cunningham and George H. Downer, as Amici Curiae, on Behalf of Respondent.
This is a companion case to American Trust Co. v. California Western States Life Insurance Co., S.F. No. 15797 ( ante, p. 42 [ 98 P.2d 497]), and California Western States Life Insurance Co. v. Tucker, S.F. No. 16027 ( ante, p. 69 [ 98 P.2d 511]), this day decided. The factual background and legal issues involved in the instant case have been fully discussed in the opinions in the foregoing cases, and are therefore not repeated here. [1] The appellants in these cases have called to our attention the case of Gallagher v. Pacific American Co., 97 F.2d 193, in which a stockholder of California-Western brought a representative suit against defendant herein to recover the share of the commission which it had received from Tucker, Hunter, Dulin Co. The complaint was dismissed for failure to state a cause of action. We are not concerned in the three present cases with the validity of the commission agreement or the right of those stockholders who received portions of the commission to retain the money. Consequently the Gallagher case is not relevant here.
For the reasons stated in the above-mentioned opinions, the judgment of the trial court herein is affirmed.
Gibson, J., Shenk, J., Curtis, J., Goodell, J., pro tem., Edmonds, J., and Waste, C.J., concurred.
Rehearing denied.