54 Iowa 135 | Iowa | 1880
II. The court found there was, in the management of the affairs of the corporation, no intentional fraud upon the part of defendants, nor any diversion of the assets of the company to the use of defendants. Upon this finding judgment was correctly rendered for defendants. The ground upon which plaintiff seeks to recover is the fraud of defendants. Failing to establish fraud he cannot recover in this action.
Certain findings of the court show that defendants are chargeable with negligence and non-compliance with the law. We need not inquire whether they may be held liable therefor in a proper action. They are not liable for such acts in this action for the reason that the petition does not claim to recover on these grounds.
III. The abstract does not purport to contain all the testimony. We cannot, therefore, inquire whether the finding of facts is supported by the evidence. These findings present the facts upon which alone we are required to decide the case.
The judgment of the Circuit Court must be
Affirmed.