Zinc Carbonate Co. v. First National Bank of Shullsburg
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Fayette county: Geo. ClemeNtsoN, Circuit Judge. Action to charge defendants as trustees of plaintiff corporation on account of money and property obtained by them from it without consideration, pursuant to a fraudulent conspiracy to create plaintiff and then absorb its assets for their private benefit.
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Appeal from an order of the circuit court for La Fayette county: Geo. ClemeNtsoN, Circuit Judge. Action to charge defendants as trustees of plaintiff corporation on account of money and property obtained by them from it without consideration, pursuant to a fraudulent conspiracy to create plaintiff and then absorb its assets for their private benefit. An accounting was asked on facts alleged as to all the wrongdoings of defendants, and relief, by way of damages, and otherwise, to indemnify plaintiff for such wrongs and protect it against further injury, including nullification of a judgment…
1Opinion of the CourtMarshall, J.
The complaint in this case appears to be free from novelty except for the magnitude of the fraudulent scheme set forth, its completeness, the boldness with which it was consummated, and the fact that a national bank was one of the guilty parties. But, waiving for the moment the question of whether a corporation can be charged as such in the form attempted in the complaint, no reason is perceived by reading such complaint why it is open to the objections raised by the demurrer. The well-known ability of the judge-who passed upon the complaint below precludes belief that he condemned it except…
2Cases cited19 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Franey v. WarnerWisconsin Supreme Court · 1897
- Miller v. BayerWisconsin Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Dale v. Thomas H. Temple Co.Tennessee Supreme Court · 1948
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- McArthur v. MoffetWisconsin Supreme Court · 1910
66 more not listed; retrieve them via the Exa API.