Northwestern Iron Co. v. Central Trust Co.
Wisconsin Supreme Court
Appeal from orders of the superior court of Milwaukee ■county: J. C. Ludwig-, Judge. This is an appeal from an order overruling a demurrer to the complaint, and from an order refusing the appellant leave to bring an action to foreclose its mortgage upon certain property in the custody of a receiver. The following is the substance of the complaint, so far as necessary to an understanding of the purpose and scope of the action and the questions to be ’decided.
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Appeal from orders of the superior court of Milwaukee ■county: J. C. Ludwig-, Judge. This is an appeal from an order overruling a demurrer to the complaint, and from an order refusing the appellant leave to bring an action to foreclose its mortgage upon certain property in the custody of a receiver. The following is the substance of the complaint, so far as necessary to an understanding of the purpose and scope of the action and the questions to be ’decided. The plaintiff is a domestic corporation. The defendant West Superior Iron & Steel Company is a foreign corporation, existing under the…
1Opinion of the CourtNewman, J.
The plaintiff’s attorney defines this to be “ a common-law creditor’s bill, brought at the instance of a judgment creditor, to administer the assets of an insolvent corporation for the benefit of all its creditors, and to enforce its unpaid stock subscriptions and the statutory liability of .stockholders, and also to discover and reach its equitable .assets for the satisfaction of its debts.” The first question raised by the demurrer is the jurisdiction of the court to entertain a creditors’ bill, under the general equity powers of the court, upon the facts stated in the complaint. It clearly…
2Cases cited11 opinions
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
- Child v. BraceNew York Court of Chancery · 1834
- Durand & Co. v. Gray, Kingman & CollinsIllinois Supreme Court · 1889
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Salt Lake Hardware Co. v. Tintic Milling Co.Utah Supreme Court · 1896
- Hughes v. HunnerWisconsin Supreme Court · 1895
- Krouskop v. KrouskopWisconsin Supreme Court · 1897
- Fondtosa Highlands, Inc. v. Paramount Development Co.Wisconsin Supreme Court · 1933
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