Legal Opinion

Milwaukee Brick & Cement Co. v. Schoknecht

Wisconsin Supreme Court

Decided January 8, 1901PublishedCited by 15 opinions

Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. "Williams, Judge. They contended, inter alia, that until the whole number of shares contemplated and specified in the contract of subscription have been taken, no call can be made, and the contract, whatever it may be, is immature. 1 Cook, Corporations, § 176; Salem M. D. Gorp. v. Ropes, 6 Pick. 23; Neioburyport Bridge v. Story, 6 Pick. 45; Stoneham B. R. Go. v. Goidd, 2 Gray, 278; Oabbot & W. S.…

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Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. "Williams, Judge. They contended, inter alia, that until the whole number of shares contemplated and specified in the contract of subscription have been taken, no call can be made, and the contract, whatever it may be, is immature. 1 Cook, Corporations, § 176; Salem M. D. Gorp. v. Ropes, 6 Pick. 23; Neioburyport Bridge v. Story, 6 Pick. 45; Stoneham B. R. Go. v. Goidd, 2 Gray, 278; Oabbot & W. S. Bridge v. Ohapm, 6 Cush. 50; Warwick R. Go. v. Oady, 11 R. I. 131,137; Banty v. Buckles, 68 Ind. 49; Allmcm v. H., R. dk E.…

1Opinion of the Court

Cassoday, O. J.

This action is brought to recover the balance due on a subscription to the capital stock in the *459plaintiff corporation. The complaint alleges, in effect, that November 28, 1892, the plaintiff was a duly organized corporation, organized and existing under the laws of this state, and authorized to issue shares of its capital stock and to receive subscriptions in payment therefor, and to do business in the manufacture of clay arid cement products and in buying and selling real estate and doing all other acts and things necessary and proper for the carrying on of the business…

2Cases cited15 opinions

  1. Patterson v. WrightWisconsin Supreme Court · 1885
  2. Phoenix Warehousing Co. v. . BadgerNew York Court of Appeals · 1876
  3. Field v. SiegelWisconsin Supreme Court · 1898
  4. Sheldon v. DavidsonWisconsin Supreme Court · 1893
  5. Boston, Barre & Gardner Railroad v. WellingtonMassachusetts Supreme Judicial Court · 1873

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3Cited by15 opinions

  1. Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
  2. Campbell v. Zion's Co-op. Home Building & Real Estate Co.Utah Supreme Court · 1914
  3. Brenard Manufacturing Co. v. GibbsLouisiana Court of Appeal · 1928
  4. Baker v. BakerCourt of Appeals for the D.C. Circuit · 1924
  5. Colorado Milling & Elevator Co. v. Rapides Grocery Co.Louisiana Court of Appeal · 1932

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