Legal Opinion

Graebner v. Post

Wisconsin Supreme Court

Decided October 20, 1903PublishedCited by 8 opinions

Appeal from a judgment of the superior court of Milwaukee county: OeRew T. Williams, Judge. Action by respondent, as receiver of the Blue Mound Investment Company, to recover balance due upon a stock subscription. The corporation was organized for “the buying and selling of real estate and improving the same and the loaning of money upon securities.”

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Appeal from a judgment of the superior court of Milwaukee county: OeRew T. Williams, Judge. Action by respondent, as receiver of the Blue Mound Investment Company, to recover balance due upon a stock subscription. The corporation was organized for “the buying and selling of real estate and improving the same and the loaning of money upon securities.” The articles of incorpo- ' ration were recorded August 25, 1892. On the 22d day of August, 1892, at a stockholders’ meeting, by-laws were presented and approved by them, but they were not thereafter formally adopted by the hoard of directors.…

1Opinion of the CourtSiebeckee, J.

Appellant contends the court erred in directing a verdict upon all the issues in respondent’s favor, because no valid call was made for the unpaid stock subscriptions, and because his claim for a setoff was denied. It Reasserted that no by-laws were ever adopted under the power expressly given to the board of directors by the articles of incorporation. A set of by-laws were prepared and approved at a stockholders’ meeting, which was held before the articles of incorporation had been recorded. Tío other by-laws were thereafter prepared or formally adopted by the board of directors. It appears,…

2Cases cited7 opinions

  1. Danbury & Norwalk Railroad v. WilsonSupreme Court of Connecticut · 1852
  2. Stone v. Great Western Oil Co.Illinois Supreme Court · 1866
  3. Kansas City Hotel Co. v. HarrisSupreme Court of Missouri · 1873
  4. State Bank Building Co. v. PierceSupreme Court of Iowa · 1894
  5. Willamette Freighting Co. v. StannusOregon Supreme Court · 1872

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3Cited by8 opinions

  1. Lindstrom v. TellSupreme Court of Minnesota · 1915
  2. Rossing v. State BankSupreme Court of Iowa · 1917
  3. Chateau Village North Condominium Ass'n v. JordanColorado Court of Appeals · 1982
  4. O'Leary v. Board of Directors, Howard Young Medical Center, Inc.Court of Appeals of Wisconsin · 1979
  5. Beazell v. Farmers Mutual InsuranceMissouri Court of Appeals · 1923

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