Downie v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint in this case was exactly similar to that in the preceding case of Downie vs. Hoover. The defendant filed an answer containing several grounds of defense.
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APPEAL from the Circuit Court for Milwaukee County. The complaint in this case was exactly similar to that in the preceding case of Downie vs. Hoover. The defendant filed an answer containing several grounds of defense. The first was a denial of the organization of the Milwaukee and Beloit E. E. Co.; the second, a denial that at the time of the pretended election of directors of said corporation, in March, 1856, there had been $50,000 of the capital stock thereof subscribed, as required by law, to authorize such election. The third, states that sometime in May, 1856, one Eeymert, who claimed…
1Opinion of the Court
By the Court,
PAINE, J.
This case presents the same question as that decided in Downie vs. Hoover, which must be here decided in the same way.
In this case, however, an answer was filed and a trial had. But we do not think the secret understanding which the defendant sets up, to the effect that his subscription was to be merely colorable, nor the evidence offered showing an understanding of a similar kind with other subscribers, constitutes any defence whatever. Such agreements are an obvious fraud upon the other subscribers; and the written subscrip*179tion should be enforced, without regard to…
2Cases cited1 opinion
- Blodgett v. MorrillSupreme Court of Vermont · 1848
3Cited by6 opinions
- Melvin v. Lamar InsuranceIllinois Supreme Court · 1875
- Corwith v. CulverIllinois Supreme Court · 1873
- Sicklesteel v. EdmondsWisconsin Supreme Court · 1914
- Moore v. Universal Elevator Co.Michigan Supreme Court · 1899
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1876
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