Slocum v. Head
Wisconsin Supreme Court
Appeal from a judgment of the- circuit, court for Keno-sha county: R. Gr. Siebeokee, Judge. The plaintiff, having had on deposit with the banking-house of Dan Head & Co. at Kenosha, a sum of money, sues the defendants, alleging them to be copartners comprising-the firm of Dan Head & Co. The- defendants contend that-Dan Head & Co. was a corporation, in which they were stockholders simply.
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Appeal from a judgment of the- circuit, court for Keno-sha county: R. Gr. Siebeokee, Judge. The plaintiff, having had on deposit with the banking-house of Dan Head & Co. at Kenosha, a sum of money, sues the defendants, alleging them to be copartners comprising-the firm of Dan Head & Co. The- defendants contend that-Dan Head & Co. was a corporation, in which they were stockholders simply. About August 12, 1874, eight persons, including some of the defendants, executed articles of incorporation, under ch. 113, Laws of 1874, to have the name of Dan Head & Co. with place of business at Kenosha,.…
1Opinion of the CourtDodge, J.
Two questions are presented by tbis appeal: First. Have the individuals who were doing business under the name of Dan Head & Co. taken steps necessary to constitute themselves a corporation de jure? Secondly. If not, had they taken such steps towards incorporation in good faith as constituted them a corporation de facto, and was the dealing between them and the plaintiff upon the understanding that they were incorporated ?
1. The statute under which it was attempted to organize was ch. 113, Laws of 18Y4, which authorized five or more persons to incorporate, and required (sec. 4): “ The…
2Cases cited2 opinions
- Planters' & Miners' Bank v. PadgettSupreme Court of Georgia · 1882
- Bergeron v. HobbsWisconsin Supreme Court · 1897
3Cited by8 opinions
- Clausen v. HeadWisconsin Supreme Court · 1901
- Cranson v. International Business MacHines Corp.Court of Appeals of Maryland · 1964
- H. J. Hughes Co. v. Farmers Union Produce Co.Nebraska Supreme Court · 1923
- Gilman v. DruseWisconsin Supreme Court · 1901
- Citizens Bank of Clinton v. JonesWisconsin Supreme Court · 1903
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