Cazier v. Hart
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: W. J. TueNee, Judge. John S. Hart died in February, 1901. The parties to tbis action are bis sons and daughters. Prior to bis death be owned a thirty-six-acre fruit farm which be conveyed to a corporation. The capital stock of the corporation was $33,000, represented by 330 shares of stock in a corporation known as the ITart-Blake Company.
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Appeal from a judgment of the circuit court for Racine county: W. J. TueNee, Judge. John S. Hart died in February, 1901. The parties to tbis action are bis sons and daughters. Prior to bis death be owned a thirty-six-acre fruit farm which be conveyed to a corporation. The capital stock of the corporation was $33,000, represented by 330 shares of stock in a corporation known as the ITart-Blake Company. At bis death Mr. Hart owned 274 shares, bis wife 55 shares, and the defendant Elmer W. Hart 1 share. Subsequently the children acquired the stock of the widow on the basis of a valuation of…
1Opinion of the CourtBauNes, J.
Tbe appellant urges that tbe trial court erred (1) in finding that no confidential relation existed between tbe defendant Elmer and the other stockholders of tbe corporation in relation to tbe sale and transfer of tbe stock; (2) in failing to find that said defendant procured such sale and transfer to himself by fraudulent concealment and misrepresentations, so that he should be held to account as a trustee de son tort; (3) in finding that after July 1, 1905, the parties dealt at arm’s length and that the fraudulent representations and concealments found did not vitiate the sale; (4) in…
2Cases cited7 opinions
- Holden v. MeadowsWisconsin Supreme Court · 1872
- Garbutt v. Bank of Prairie du ChienWisconsin Supreme Court · 1867
- Docter v. FurchWisconsin Supreme Court · 1895
- Thormaehlen v. KaeppelWisconsin Supreme Court · 1893
- Ætna Life Insurance v. MabbettWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Walloch v. WashkowiakWisconsin Supreme Court · 1926