Nelson v. Kress
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Mioiiael KjewaN, Circuit Judge. Action in equity for cancellation of a certificate for ten shares of stock in the Herald-Press Publishing Company, held by defendant, and issuance of a certificate for three and one-third of such shares to plaintiff.
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Appeal from a judgment of the circuit court for Manito-woc county: Mioiiael KjewaN, Circuit Judge. Action in equity for cancellation of a certificate for ten shares of stock in the Herald-Press Publishing Company, held by defendant, and issuance of a certificate for three and one-third of such shares to plaintiff. The facts claimed by plaintiff and put in issue by.defendant were these: In 1899 the Herald-Press Publishing Company was formed by plaintiff and one Brandt, owners of a printing business, and defendant, owner of a rival business, for the purpose of combining the two enterprises.…
1Opinion of the CourtMarshall, J.
The Judgment must be affirmed. Neither of the reasons advanced in favor of a reversal seems to have sufficient merit to call for more than brief consideration.
The first suggestion is that after the stock was transferred to respondent there was no controversy left to be settled and so the action should have been dismissed. The transfer of the stock was made pursuant to an agreement in writing to the effect that the litigation might proceed to determine the rights of the parties as to the disputed ownership. That is the fair import of the written agreement as we read it.
The next proposition is…
2Cases cited2 opinions
- Agnew v. BaldwinWisconsin Supreme Court · 1908
- Burhans v. JohnsonWisconsin Supreme Court · 1862