Columbus Institute of Milwaukee v. Conohan
Wisconsin Supreme Court
Appeal from a judgment of tbo circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is an appeal from a judgment of tbe circuit court affirming a judgment of tbe civil court for tbe balance due upon two subscriptions to tbe capital stock of tbe plaintiff.
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Appeal from a judgment of tbo circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is an appeal from a judgment of tbe circuit court affirming a judgment of tbe civil court for tbe balance due upon two subscriptions to tbe capital stock of tbe plaintiff. Tbe facts were these: Tbe plaintiff is a domestic corporation organized in August, 1910, for tbe purpose of erecting and bolding tbe title of a building in Milwaukee to be used as a clubbouse by tbe two local lodges of tbe Knigbts of Columbus, wbicb is a fraternal order incorporated under tbe laws of Connecticut. Tbe capital…
1Opinion of the CourtWiNSLow, C. J.
The defendant’s contentions will be taken up in their order.
1. The contract of subscription might be held ambiguous if it were shown that the subscriber did not know that there were two kinds of stock, or did not know that all of the common-stock had been taken and nothing but preferred stock remained to be sold. The facts are well nigh conclusive that the defendant was aware of the whole situation; he does not even intimate in his evidence that he was ignorant of it. He *222was a member of tbe council wbicb took balf of tbe common stock. Tbe trial judge concluded in effect that it was understood…
2Cases cited1 opinion
- Germania Iron Mining Co. v. KingWisconsin Supreme Court · 1896