Wolf Co. v. Kutch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Circuit Judge. The plaintiff and the Orivitz Flouring Mill Company entered into a contract whereby the former agreed to sell to the latter certain flouring mill machinery. There were but two stockholders, both nominal, in the corporation aside from the defendant Kutch.
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Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Circuit Judge. The plaintiff and the Orivitz Flouring Mill Company entered into a contract whereby the former agreed to sell to the latter certain flouring mill machinery. There were but two stockholders, both nominal, in the corporation aside from the defendant Kutch. These stockholders were apparently elected as officers, but refused to serve, and asserted as a matter of fact that they were not stockholders. All of the business for and in behalf of the corporation was transacted by Kutch, including the making…
1Opinion of the Court
Barnes, J„
The complaint alleged that the plaintiff was a foreign corporation. The answer admitted this allegation and set forth that plaintiff had not complied with the provisions óf sec. 1770&, Stats. (1898). The defendant designates its pleading an “answer and counterclaim,” without undertaking to separate the defensive portion of it from that upon which affirmative relief is asked. The reply again alleged that the plaintiff was a foreign corporation and admitted that it had not “obtained from the secretary of state a license to do business in the state of Wisconsin.” It contained a general…
2Cases cited21 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Brothers v. Bank of KaukaunaWisconsin Supreme Court · 1893
- Smith v. WaggonerWisconsin Supreme Court · 1880
- F. A. Patrick & Co. v. DeschampWisconsin Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Milwaukee Toy Co. v. Industrial CommissionWisconsin Supreme Court · 1931
- Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
- Puffer Manufacturing Co. v. KellySupreme Court of Alabama · 1916
- Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914
- Phœnix Nursery Co. v. TrostelWisconsin Supreme Court · 1917
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