Legal Opinion

First Avenue Land Co. v. Hildebrand

Wisconsin Supreme Court

Decided June 22, 1899Published

Appeal from a judgment of the circuit court for Milwaukee county: Geo. Olementsoh, Judge. This is an action upon a bond given by the defendant Hildebrand as treasurer of the plaintiff. The bond is conditioned for the faithful performance of his duties as treasurer, and for the accounting and paying over of all moneys of the corporation which might come to his hands as such officer.

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Appeal from a judgment of the circuit court for Milwaukee county: Geo. Olementsoh, Judge. This is an action upon a bond given by the defendant Hildebrand as treasurer of the plaintiff. The bond is conditioned for the faithful performance of his duties as treasurer, and for the accounting and paying over of all moneys of the corporation which might come to his hands as such officer. The facts in proof are substantially as follows: Oipjp was the owner of about forty acres of land near the city of Milwaukee. In July, 1891, he gave the defendant Hildebrand written authority to sell the same for…

1Opinion of the CourtBaRdeew, J.

'The trial court evidently proceeded upon the theory that Hildebrcmd and those with whom he was associated were promoters of the plaintiff corporation, and *534that the transactions which eventuated in the issue of stock to them, under the circumstances mentioned, were sufficient to charge him on his bond. That these men were promoters of the corporation seems quite clear from the evidence. While the term promoter may not be capable of precise definition, yet, as usually understood, it has reference.to the persons who undertake to form and set going a company with reference to a given project.…

2Cases cited5 opinions

  1. United States v. GiraultSupreme Court of the United States · 1851
  2. Vivian v. OtisWisconsin Supreme Court · 1869
  3. Hebgen v. KoefflerWisconsin Supreme Court · 1897
  4. Clark v. WilkinsonWisconsin Supreme Court · 1884
  5. Board of Supervisors v. PabstWisconsin Supreme Court · 1888

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