Legal Opinion

Hebgen v. Koeffler

Wisconsin Supreme Court

Decided October 22, 1897PublishedCited by 17 opinions

Appeal from, a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. This was an action, among other things, to rescind a sale of real estate on the ground of fraud, and to recover of the promoters of a corporation profits alleged to have been fraudulently made by them. The trial resulted in findings in plaintiffs’ favor, which cover the issues formed by the pleadings.

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Appeal from, a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. This was an action, among other things, to rescind a sale of real estate on the ground of fraud, and to recover of the promoters of a corporation profits alleged to have been fraudulently made by them. The trial resulted in findings in plaintiffs’ favor, which cover the issues formed by the pleadings. So far as necessary to the decision of this appeal, such findings are as follows: 1. Plaintiffs are stockholders of the corporation hereafter named, and this action is brought for the benefit of such…

1Opinion of the CourtMarshall, J.

There is no controversy but that the judgment appealed from is sustained by the findings of fact and conclusions of law. Questions of law are discussed in the briefs of counsel but not reached in the consideration of the case, unless some of the findings of fact, to which reference will be made, are first disturbed. The findings, as they stand, are to the effect that defendant Hugo Koeffier, at an expense of $6,000, obtained the right to purchase of Yan Eimeren a tract of land for $31,000, payable $600 down, $13,400 January 2, 1893, and the balance January 2, 1898, with interest; that he then…

2Cases cited3 opinions

  1. Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
  2. Franey v. WarnerWisconsin Supreme Court · 1897
  3. Fountain Spring Park Co. v. RobertsWisconsin Supreme Court · 1896

3Cited by17 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Pietsch v. MilbrathWisconsin Supreme Court · 1905
  3. Yeiser v. United States Board & Paper Co.Court of Appeals for the Sixth Circuit · 1901
  4. Spaulding v. North Milwaukee Town Site Co.Wisconsin Supreme Court · 1900
  5. Limited Investment Ass'n v. Glendale Investment Ass'nWisconsin Supreme Court · 1898

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