Holyoke v. Millmann
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. On April 10,' 1910, the petitioner filed an affidavit in circuit court for Milwaukee county under the provisions of sec. 1752, Stats. (1898), and procured from said court an order directed to Joseph G. Millmann, secretary of the Stege-man Motor Car Company, to show cause why he should not be required to transfer certain stock on the books of the corporation.
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Appeal from an order of the circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. On April 10,' 1910, the petitioner filed an affidavit in circuit court for Milwaukee county under the provisions of sec. 1752, Stats. (1898), and procured from said court an order directed to Joseph G. Millmann, secretary of the Stege-man Motor Car Company, to show cause why he should not be required to transfer certain stock on the books of the corporation. The petition alleged that one John W. Mapel purchased and paid for forty shares of the capital stock of the Stegeman Motor Oar Company; that…
1Opinion of the CourtBarnes, J.
The secretary of a corporation performs a ministerial duty in transferring stock by virtue of the provisions of sec. 1752, Stats. (1898). In re Klaus, 67 Wis. 401, 29 N. W. 582. He is not a trier of controversies that should be settled in the courts. He is required by the statute to make a transfer only when “it is his duty” to do so. It is not his duty to make the transfer when there is a tona fide claim on the part of the corporation that the person seeking to have the transfer made is not and never was a stockholder. Much less is it his duty to make the transfer when it seems reasonably…
2Cases cited3 opinions
- In re KlausWisconsin Supreme Court · 1886
- Johnson v. VickersWisconsin Supreme Court · 1909
- Katz v. De WolfWisconsin Supreme Court · 1912
3Cited by1 opinion
- Corn Exchange National Bank v. KaiserWisconsin Supreme Court · 1915