Legal Opinion

First Avenue Land Co. v. Parker

Wisconsin Supreme Court

Decided June 20, 1901PublishedCited by 17 opinions

Appeal from an order of the circuit court for Milwaukee county: EugeNE S. Elliott, Circuit Judge. The complaint alleged incorporation of the plaintiff; that on November 12, 1891, E. L. Babcock, since deceased, was duly elected secretary, and that he gave, and the defendant George F. Parker, as surety, executed, a bond conditioned that he should pay and account for all moneys, securities, and property coming into his hands as secretary, and well and truly perform all the…

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Appeal from an order of the circuit court for Milwaukee county: EugeNE S. Elliott, Circuit Judge. The complaint alleged incorporation of the plaintiff; that on November 12, 1891, E. L. Babcock, since deceased, was duly elected secretary, and that he gave, and the defendant George F. Parker, as surety, executed, a bond conditioned that he should pay and account for all moneys, securities, and property coming into his hands as secretary, and well and truly perform all the duties of his office • and trust as such secretary; that by the articles of association and bylaws it was the duty of the…

1Opinion of the Court

Dod&b, J.

The case presented by this complaint is a very simple one, and not in accord with the situation discussed in First Ave. L. Co. v. Hildebrand, 103 Wis. 530, of which we are told that this is a sequel. As now before us, it merely appears that there were issued two certificates of stock, each for $5,000 par value, without any consideration; that is, neither for money, nor for labor or property, actually received by the corporation, equal to the par value thereof, as required by sec. 1753, Stats. 1898. This being so, no reason is apparent upon which to escape, the further provisions of…

2Cases cited16 opinions

  1. Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
  2. N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
  3. Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
  4. Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
  5. Fifth Avenue Bank v. Forty-second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893

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

3Cited by17 opinions

  1. Lyle v. StateCourt of Criminal Appeals of Texas · 1917
  2. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  3. Lee v. CameronSupreme Court of Oklahoma · 1917
  4. State ex rel. Crandall v. McIntoshSupreme Court of Missouri · 1907
  5. Gager v. PaulWisconsin Supreme Court · 1901

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

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