Legal Opinion

Forest Land Co. v. Bjorkquist

Wisconsin Supreme Court

Decided May 21, 1901PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. It is undisputed that in the fall of 1890 the plaintiff, through the agency of one A. B. Myers, purchased the land in question from the defendant Bjorhquist at the agreed price of $32,000, and paid down $16,000, of which Myers had and retained $2,000, and Bjorhquist $14,000, and for the balance of the purchase price the plaintiff, at the request of Bjorhquist, gave back a…

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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. It is undisputed that in the fall of 1890 the plaintiff, through the agency of one A. B. Myers, purchased the land in question from the defendant Bjorhquist at the agreed price of $32,000, and paid down $16,000, of which Myers had and retained $2,000, and Bjorhquist $14,000, and for the balance of the purchase price the plaintiff, at the request of Bjorhquist, gave back a mortgage, dated October 7, 1890, for $16,000, running to the defendant Crowns, which was duly recorded; that, default having…

1Opinion of the CourtCassoday, C. J.

The ground upon which the promoters of a corporation are accountable to it for any profits which they may receive by defrauding the corporation or from a violation of their duty as such is well understood. Pittsburg M. Co. v. Spooner, 74 Wis. 307; Fountain Spring P. Co. v. Roberts, 92 Wis. 345; Franey v. Warner, 96 Wis. 222; Hebgen v. Koeffler, 97 Wis. 313; Limited I. Asso. v. Glendale I. Asso. 99 Wis. 54; First Ave. L. Co. v. Hildebrand, 103 Wis. 530; Spaulding v. North Milwaukee T. S. Co. 106 Wis. 481. The same is true where the owner of the property, by agreement with such promoter, and…

2Cases cited9 opinions

  1. Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
  2. Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
  3. Franey v. WarnerWisconsin Supreme Court · 1897
  4. Fountain Spring Park Co. v. RobertsWisconsin Supreme Court · 1896
  5. Hebgen v. KoefflerWisconsin Supreme Court · 1897

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3Cited by2 opinions

  1. Pietsch v. MilbrathWisconsin Supreme Court · 1905
  2. Pietsch v. KrauseWisconsin Supreme Court · 1903

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