Legal Opinion

Pittsburg Mining Co. v. Spooner

Wisconsin Supreme Court

Decided September 3, 1889PublishedCited by 41 opinions

APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought by the Pittsburg Mining Company for the purpose of recovering $70,000 of money had and received by the defendants for the use of the company.

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APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought by the Pittsburg Mining Company for the purpose of recovering $70,000 of money had and received by the defendants for the use of the company. The material allegations in the complaint are: (1) That in February, 1887, the defendants conceived the idea and agreed together to promote the organization of the plaintiff corporation, for the ostensible purpose of carrying on the business of mining iron on the Gogebic range, so called,…

1Opinion of the Court

The following opinion was filed April 25, 1889:

Taylor, J.

Upon the hearing of the appeal in this court, no contention was made by the learned counsel for the respondents that the demurrer was properly sustained upon the first alleged ground, viz., that “the plaintiff has not legal capacity to sue.” The only question argued at length was whether the complaint stated facts sufficient to constitute a cause of action. The learned counsel for the appellant corporation contend that the complaint states facts constituting a cause of action — first, upon the ground of actual fraud committed by the…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
  2. Cowell v. Springs Co.Supreme Court of the United States · 1879
  3. Chubb v. UptonSupreme Court of the United States · 1877
  4. Button v. HoffmanWisconsin Supreme Court · 1884
  5. Parker v. NickersonMassachusetts Supreme Judicial Court · 1884

15 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Harrigan v. GilchristWisconsin Supreme Court · 1904
  3. McCandless v. FurlaudSupreme Court of the United States · 1935
  4. Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
  5. Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908

36 more not listed; retrieve them via the Exa API.

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