# Winchester v. Howard

> California Supreme Court · May 28, 1902 · 136 Cal. 432

URL: https://www.frixlaw.com/law-library/cases/3300696

## Case

- **Full name:** JOSEPH WINCHESTER, Trustee, J. A. RICE, Substituted Trustee, Etc., Et Al., Appellants, v. BRYANT HOWARD Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** May 28, 1902
- **Citations:** 136 Cal. 432; 64 P. 692; 1902 Cal. LEXIS 732
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** McFARLAND, Temple, Van Dyke
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3300696

## Opinion text

I concur. From the facts alleged in the complaint, — and as against the demurrer the allegations of the complaint are deemed to be true, — the case amounts to a criminal misappropriation as defined in the Penal Code. And the evident intention of the framers of the constitutional provision in question was, that such misappropriations only should render the directors or trustees of corporations and joint-stock associations liable, and does not refer to cases arising from bad investments made by such trustees or directors, through lack of good business judgment or otherwise, unaccompanied by any criminal intention.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3300696. Public record. Not legal advice.