Consolidated Vinegar Works v. Brew
Wisconsin Supreme Court
Appeals from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action in equity by a corporation against its secretary and treasurer to obtain an accounting and to restrain said official from appropriating corporate moneys to his own use.
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Appeals from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action in equity by a corporation against its secretary and treasurer to obtain an accounting and to restrain said official from appropriating corporate moneys to his own use. The complaint, after alleging the corporate character of the plaintiff and the fact that the corporate stock was owned by the defendant and by Nicholas Dahinden and Eudolph Gallasch in equal shares, alleged, in substance, that, at a regular meeting of the directors of the corporation held in 1899, the defendant was elected…
1Opinion of the CourtWinslow, J.
1. It is plain that a cause of action in equity is stated by the complaint, and that the demurrer to the complaint was properly overruled. It is alleged that the defendant was and is the secretary and treasurer of the corporation, and has misappropriated the property of the corporation and refuses to account to the proper officers. This state of facts calls for the interference of a court of equity. The defendant is, in a sense, a trustee of the plaintiff. He is charged with having abused his trust, and converted corporate property to his own use, and in such a manner that the taking of an…
2Cases cited1 opinion
- North Hudson Mutual Building & Loan Ass'n v. ChildsWisconsin Supreme Court · 1893
3Cited by6 opinions
- Shearer v. CongdonWisconsin Supreme Court · 1964
- Cream City Mirror Plate Co. v. CoggeshallWisconsin Supreme Court · 1910
- Mogen David Wine Corp. v. BorensteinWisconsin Supreme Court · 1954
- State Ex Rel. Attorney General v. ManskeWisconsin Supreme Court · 1939
- Prest-O-Lite Co. v. Avery Portable Lighting Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1908
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