Luther v. C. J. Luther Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Sheboy-gan county: Michael Kjewan, Circuit Judge. The findings disclose substantially the following material facts: In 1897, O. J. Luther had been building up a trade in machines called “sickle grinders,” made generally under a patent to one Caysier, tinder which he had a state right, until in that year his sales had reached about 2,000 machines and his annual profits about $1,500. The machines had been made for him by the…
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Appeals from a judgment of the circuit court for Sheboy-gan county: Michael Kjewan, Circuit Judge. The findings disclose substantially the following material facts: In 1897, O. J. Luther had been building up a trade in machines called “sickle grinders,” made generally under a patent to one Caysier, tinder which he had a state right, until in that year his sales had reached about 2,000 machines and his annual profits about $1,500. The machines had been made for him by the Gilson Manufacturing Company, engaged in foundry and ironworking business at Port Washington, and including amongst its…
1Opinion of the Court
The following opinion was filed March 21, 1903:
Dodge, J.
Were Clarence J. Luther the sole plaintiff, we should have little doubt that he ought to be dismissed from a court of equity without relief, for the reason that his own conduct has been so in outrage of his duties as a director and officer of the corporation that no court can patiently listen to his prayer for enforcement of fiduciary principles and duties. That objection does not, however, exist to some of the other plaintiffs, who, as stockholders, ask that their rights be protected as to them. The circuit court has found, and we find,…
2Cases cited17 opinions
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Williams v. McMillanOhio Supreme Court · 1849
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
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3Cited by64 opinions
- Condec Corporation v. Lunkenheimer CompanyCourt of Chancery of Delaware · 1967
- Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
- Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
- Treadway Companies, Inc. v. Care Corp.Court of Appeals for the Second Circuit · 1980
- Albert E. Touchet, Inc. v. TouchetMassachusetts Supreme Judicial Court · 1928
59 more not listed; retrieve them via the Exa API.