Legal Opinion

McElroy v. Minnesota Percheron Horse Co.

Wisconsin Supreme Court

Decided May 21, 1897PublishedCited by 25 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Defendant corporation was organized under the laws of tbe state of Minnesota, among other things, for the purpose of buying, selling, and dealing in real estate. Its principal place of business, by the articles of organization, was located in the town of Troy, Pipestone county, Minnesota.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Defendant corporation was organized under the laws of tbe state of Minnesota, among other things, for the purpose of buying, selling, and dealing in real estate. Its principal place of business, by the articles of organization, was located in the town of Troy, Pipestone county, Minnesota. The business was actually transacted, mostly, at the residence of the president in Milwaukee or Oshkosh, Wisconsin. The principal property of the corporation on the 23d day of November, 1893, was a farm, and…

1Opinion of the Court

ivra t?.rtta T.T., J.

The first question that requires consideration is, Was the contract of employment, made with plaintiffs, to negotiate an exchange of the corporate property in Pipe-stone county, Minnesota, for Chicago real estate, ult/ra vires? That must be answered in the negative. The articles of organization expressly provide, among the purposes of the corporation, that of dealing in real estate in town and country. Such purpose is made very prominent in the articles, and seems to have been one of the principal purposes of the organization. But if such were not the case, the con*321tract…

2Cases cited1 opinion

  1. Ford v. HillWisconsin Supreme Court · 1896

3Cited by25 opinions

  1. Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
  2. Llewellyn Iron Works v. Abbott Kidney Co.California Supreme Court · 1916
  3. St. Clair v. RutledgeWisconsin Supreme Court · 1902
  4. Bell & Coggeshall Co. v. Kentucky Glass Works Co.Court of Appeals of Kentucky · 1899
  5. Northwestern Fuel Co. v. LeeWisconsin Supreme Court · 1899

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