Legal Opinion

Strang v. Thomas

Wisconsin Supreme Court

Decided June 19, 1902PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Richland county: Qeoege OleiveeNtsoN, Circuit Judge. In 1890 the defendants J. B. and W. Brimer owned and operated a yarn and woolen mill in the town of Orion, in Richland county. They were desirous of doing business on a more extensive scale, but, not having the capital, they solicited residents of Richland Center to join in the organization of a company.

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Appeal from a judgment of the circuit court for Richland county: Qeoege OleiveeNtsoN, Circuit Judge. In 1890 the defendants J. B. and W. Brimer owned and operated a yarn and woolen mill in the town of Orion, in Richland county. They were desirous of doing business on a more extensive scale, but, not having the capital, they solicited residents of Richland Center to join in the organization of a company. The proposition met with favor, and at a meeting held April 12,1890, of the parties interested, articles of agreement were submitted and considered. At a later date in the same month the…

1Opinion of the CourtBaRdeeet, J.

This action is one in equity to settle up tbe affairs of a defunct partnership. Tbe original purpose evidently was to form a limited partnership under the statutes, *603but the scheme adopted was contrary to the statute, in that-it allowed the business to be controlled by directors chosen by the limited partners. Stats. 1898, sec. 1716. The company failed to post the notice required by see. 1713, and neglected other requirements not necessary to be mentioned.' Such partnerships exist only by virtue of the statute, and unless there is substantial conformity to its requirements the-special partners…

2Cases cited3 opinions

  1. Durant v. . AbendrothNew York Court of Appeals · 1877
  2. Durant v. . AbendrothNew York Court of Appeals · 1884
  3. Waters v. HarrisThe Superior Court of the City of New York and Buffalo · 1892

3Cited by1 opinion

  1. Delaney v. Fidelity Lease LimitedTexas Supreme Court · 1975

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