Legal Opinion

Rosenberger v. H. E. Wilcox Motor Co.

Supreme Court of Minnesota

Decided April 30, 1920No. 21,796PublishedCited by 8 opinions

Action in the district court for Blue Earth county to cancel certain contracts and to recover $3,675. The answer admitted the purchase by plaintiff of 50 shares of the seven per cent cumulative preferred stock of defendant; the payment therefor in notes of plaintiff; the pledge of the stock as security for the payment of the notes and the payment of the notes so given in the sum of $3,500. The case was tried before Steele, J., who made findings and ordered judgment in favor…

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Action in the district court for Blue Earth county to cancel certain contracts and to recover $3,675. The answer admitted the purchase by plaintiff of 50 shares of the seven per cent cumulative preferred stock of defendant; the payment therefor in notes of plaintiff; the pledge of the stock as security for the payment of the notes and the payment of the notes so given in the sum of $3,500. The case was tried before Steele, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended and additional findings or for a new trial was denied. From the judgment…

1Opinion of the CourtHallam, J.

For some years prior to December 12, 1913, tbe H. E. Wilcox Motor Car Company had been engaged in the business of manufacturing and selling motor trucks. On the above date, the business was reorganized under the name of the defendant company. Defendant took over the business of the former company, and issued its stock to the stockholders of the former company in exchange for their holdings. Some of the preferred stock of. defendant was put on the market for sale. O. M. Hatcher was a stock salesman employed by the defendant. He was furnished with a financial statement bearing date December 12,…

2Cases cited12 opinions

  1. Virginia v. West VirginiaSupreme Court of the United States · 1915
  2. Trustees of the Academy v. BohlerSupreme Court of Georgia · 1887
  3. Aetitus v. Spring Valley Coal Co.Illinois Supreme Court · 1910
  4. Wray v. Knoxville, LaFollette & Jellico RailroadTennessee Supreme Court · 1904
  5. Thaden v. BaganSupreme Court of Minnesota · 1917

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3Cited by8 opinions

  1. Rent-A-Scooter, Inc. v. Universal Underwriters InsuranceSupreme Court of Minnesota · 1969
  2. Albertson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1954
  3. Wilcox Trux, Inc. v. RosenbergerSupreme Court of Minnesota · 1923
  4. Pan-American Petroleum Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1926
  5. Rother v. HinikerSupreme Court of Minnesota · 1940

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