Legal Opinion

Whitehill v. Jacobs

Wisconsin Supreme Court

Decided January 7, 1890PublishedCited by 23 opinions

APPEALS from the Circuit Court for Milwaukee County. The action is in the nature of a creditor’s suit, brought by the plaintiff (who is a judgment creditor of the defendant the Jacobs Electric Company), after execution on his judgment bad been returned unsatisfied, to enforce payment of the judgment. It was brought in behalf of the plaintiff and all other creditors of that company who should elect to become parties to it.

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APPEALS from the Circuit Court for Milwaukee County. The action is in the nature of a creditor’s suit, brought by the plaintiff (who is a judgment creditor of the defendant the Jacobs Electric Company), after execution on his judgment bad been returned unsatisfied, to enforce payment of the judgment. It was brought in behalf of the plaintiff and all other creditors of that company who should elect to become parties to it. The company is an insolvent corporation, and the plaintiff is a stockholder in it. The "other stockholders, together with the company, are the defendants in the action. The…

1Opinion of the CourtLtok, J.

The statute under which the defendant corporation was organized authorizes the issue of the stock of the corporation in consideration of labor or property as well as money, but requires that such labor or property shall be estimated at its true money value, and the same must be actually received by the corporation. R. S. sec. 1753. Ye cannot doubt that the inventions by Jacobs of his electrical apparatus, for which he had applied for letters patent, and the prospective patents, were property, within the meaning of the above statute; and that his assignment of an interest therein to Murphey…

2Cases cited5 opinions

  1. Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
  2. Van Cott v. . Van BruntNew York Court of Appeals · 1880
  3. Boynton v. . HatchNew York Court of Appeals · 1872
  4. Bank of Fort Madison v. AldenSupreme Court of the United States · 1889
  5. Zwickey v. HaneyWisconsin Supreme Court · 1885

3Cited by23 opinions

  1. Van Cleve v. BerkeySupreme Court of Missouri · 1898
  2. Rickerson Roller-Mill Co. v. Farrell Foundry & Machine Co.Court of Appeals for the Sixth Circuit · 1896
  3. Bruner v. BrownIndiana Supreme Court · 1894
  4. State Trust Co. v. TurnerSupreme Court of Iowa · 1900
  5. Macbeth v. BanfieldOregon Supreme Court · 1904

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