Legal Opinion

Wheeler v. Ocker & Ford Manufacturing Co.

Michigan Supreme Court

Decided July 14, 1910No. Docket No. 110PublishedCited by 2 opinions

Appeal from the superior court of Grand Rapids; Stuart, J. Bill by Charles E. Wheeler against the Ocker & Ford Manufacturing Company, and Henry G. Dykhouse, John Jungbaecker and Robert H. Sherwood, trustees for the benefit of the creditors of said company, to establish a claim as creditor of the corporation and of the trustees. From a decree sustaining a demurrer to the bill, complainant appeals.

Read the full summary

Appeal from the superior court of Grand Rapids; Stuart, J. Bill by Charles E. Wheeler against the Ocker & Ford Manufacturing Company, and Henry G. Dykhouse, John Jungbaecker and Robert H. Sherwood, trustees for the benefit of the creditors of said company, to establish a claim as creditor of the corporation and of the trustees. From a decree sustaining a demurrer to the bill, complainant appeals. By his bill of complaint in this cause, the complainant states: That the defendant the Ocker & Ford Manufacturing Company, a corporation duly organized and existing under the laws of this State,…

1Opinion of the CourtStone, J.

{after stating the facts). 1. Did the Complainant by the Terms of the Contract of Employment Become a Stockholder of the Defendant Corporation ?

The same legal principles govern with regard to the elements of a contract for the sale of stock, as apply in the case of contracts generally. It is a general rule that subscriptions to capital stock must be for a definite number of shares. Peninsular R. Co. v. Duncan, 28 Mich. 130; 1 Cook on Corporations (6th Ed.), § 10; 10 Cyc. pp. 380, 381, 390. In Bostwick v. Young, 118 App. Div. 490 (103 N. Y. Supp. 607), it was held that a railroad construction…

2Cases cited6 opinions

  1. In re the Estate of KingsburyMichigan Supreme Court · 1883
  2. Peninsular Railway Co. v. DuncanMichigan Supreme Court · 1873
  3. Bostwick v. YoungAppellate Division of the Supreme Court of the State of New York · 1907
  4. Crowl v. GoodenbergerMichigan Supreme Court · 1897
  5. Charles Maloney & Co. v. GonhueMichigan Supreme Court · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Detroit Osteopathic Hospital v. JohnsonMichigan Supreme Court · 1939
  2. Guntzviller v. GitreMichigan Supreme Court · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API