Brahm v. M. C. Gehl Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Laweesoe W. Halsey, Circuit Judge. The appeal is by the plaintiff from an order overruling a demurrer to counterclaim of the corporate defendant, M. C. Gehl Company, which asserted, as one ground of demurrer, •the nonpleadability as a counterclaim of the cause of action attempted to be set forth.
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Appeal from an order of tbe circuit court for Milwaukee county: Laweesoe W. Halsey, Circuit Judge. The appeal is by the plaintiff from an order overruling a demurrer to counterclaim of the corporate defendant, M. C. Gehl Company, which asserted, as one ground of demurrer, •the nonpleadability as a counterclaim of the cause of action attempted to be set forth. The complaint alleged the formation of the defendant company to continue a business theretofore conducted by defendant M. 0. Gehl; that plaintiff contributed $4,000 of money capital and received forty shares of the capital stock; that…
1Opinion of the CourtDodge, J.
Before considering whether the counterclaim is pleadable as such, it is necessary to ascertain what is the plaintiff’s cause of action. The obvious primary complaint is that the defendants have obtained from the corporation and hold stock to which they have no right and which, therefore, ought to be canceled. This is clearly a right of action belonging to the corporation. It is the person primarily injured by the ostensible existence of full-paid stock, at once constituting an apparent liability and subjecting its management and policy to unwarranted control, or at least influence, by the…
2Cases cited14 opinions
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Dietrich v. KochWisconsin Supreme Court · 1874
- Earley v. WinnWisconsin Supreme Court · 1906
- Strong v. McCaggWisconsin Supreme Court · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Wesolowski v. EricksonWisconsin Supreme Court · 1958
- Katz v. De WolfWisconsin Supreme Court · 1912
- Scully v. Automobile Finance CompanyCourt of Chancery of Delaware · 1917