Cullen v. Abbott

The following opinion was filed February 4, 1930:

Rosenberry, C. J.

It is considered that the trial court correctly held that any liability which the stockholders sustained by reason of the facts set out in the complaint should have been worked out in the receivership proceeding and that a separate action should not have been begun. McArthur .v. Moffet, 143 Wis. 564, 128 N. W. 445; Williams v. Brewster, 117 Wis. 370, 93 N. W. 479; Shadbolt & Boyd Iron Co. v. Long, 172 Wis. 591, 179 N. W. 785. The same court, however, having jurisdiction of the proceeding, the bringing of the separate action was…