Glenwood Manufacturing Co. v. Syme
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. This is an appeal from an order sustaining a demurrer to, the complaint on the ground that it failed to state facts sufficient to constitute a cause of action.
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Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. This is an appeal from an order sustaining a demurrer to, the complaint on the ground that it failed to state facts sufficient to constitute a cause of action. The conrplaint is of great length, but may be summarized as follows: It first states the corporate character of plaintiff, the-amount of its capital stock, the amount issued, the names of stockholders, and the amount held by each. Alexander Syme-was president and a director. Plaintiff’s business was manufacturing and selling wood products at…
1Opinion of the CourtBardeeN, J.
The sole question for determination is whether we can spell out from the allegations of this complaint a cause of action in favor of the plaintiff and against Alexander Syme. An attempt has been made to allege, facts sufficient to show that he was guilty of a breach of duty towards the corporation, which rendered him liable thereto, and for which the defendants, as his heirs, are answerable. As a premise it is to be said that during the pendency of all the transactions set forth in the complaint the plaintiff was a going corporation, in debt, and embarrassed for want of ready money with which…
2Cases cited15 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clancy v. KingCourt of Appeals of Maryland · 2008
- Solimine v. HollanderNew Jersey Court of Chancery · 1940
- In Re McCrory Stores CorporationDistrict Court, S.D. New York · 1935
- Johnson v. SwankeWisconsin Supreme Court · 1906
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
12 more not listed; retrieve them via the Exa API.