Legal Opinion

Miles v. People's Telephone Co.

Wisconsin Supreme Court

Decided June 28, 1917PublishedCited by 1 opinion

Appeals from a judgment of the circuit court for Columbia county: Chester A. Eowlee, Circuit Judge. The defendant corporation was organized February 4, 1901, and originally incorporated for $20,000, made up of common and preferred stock at the par value of $50 per share, and to each subscriber of either form all stock was issued substantially in the one form of certificate containing the following provisions: “There shall be paid upon the preferred stock a six per cent,…

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Appeals from a judgment of the circuit court for Columbia county: Chester A. Eowlee, Circuit Judge. The defendant corporation was organized February 4, 1901, and originally incorporated for $20,000, made up of common and preferred stock at the par value of $50 per share, and to each subscriber of either form all stock was issued substantially in the one form of certificate containing the following provisions: “There shall be paid upon the preferred stock a six per cent, annual cumulative dividend, payable on the first days of January and July of each year. The preferred stock shall be…

1Opinion of the CourtEschweiler, J.

Construing the contract evidenced in the stock certificate quoted above by the language used and the circumstances surrounding the transactions between these parties, there is no difficulty in arriving at the conclusion that the trial court was right in its finding that the plaintiff was bound to pay for the use of his telephone and the telephone connection furnished by defendant such sum per an-num not exceeding $10 as should be arrived at by dividing the total cost of such service by the average number of telephones in use. Such an arrangement is totally different from anything in the…

2Cases cited14 opinions

  1. City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
  2. Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
  3. Southwestern Telegraph & Telephone Co. v. DanaherSupreme Court of the United States · 1915
  4. Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
  5. People Ex Rel. Binghamton Light, Heat & Power Co. v. StevensNew York Court of Appeals · 1911

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

3Cited by1 opinion

  1. Milwaukee Electric Railway & Light Co. v. City of MilwaukeeWisconsin Supreme Court · 1921

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