Gilman v. Gross
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee •county: D. H. JohusoN, Circuit Judge. This is an action by the assignee for the benefit of its •creditors of an insolvent corporation, the Reliance Wire & Iron Works, to collect from the defendant $1,000, the amount of an alleged unpaid stock subscription for ten shares of the stock of the corporation.
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Appeal from a judgment of the circuit court for Milwaukee •county: D. H. JohusoN, Circuit Judge. This is an action by the assignee for the benefit of its •creditors of an insolvent corporation, the Reliance Wire & Iron Works, to collect from the defendant $1,000, the amount of an alleged unpaid stock subscription for ten shares of the stock of the corporation. The defendant, at the solicitation of the president of the corporation, signed a written subscription for shares of its capital stock to the amount of $1,000, with the express understanding and agreement that such subscription was hot…
1Opinion of the CourtNewMAN, J.
No important fact is in dispute on the evidence. The contention in this court relates entirely to questions of the competency of certain testimony, the proper inference to be drawn from undisputed facts, and the appropriate conclusions of law therefrom.
First is the question whether the oral testimony to show the condition on which the subscription was to be delivered and to become operative was competent to be received and have effect. The evidence shows without dispute that it was the agreement that the subscription was, not to be delivered to the corporation, or to be deemed a subscription…
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