Smith v. Burns Boiler & Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNgs, Circuit Judge. Some time in December, 1902, a proposal was made by Mr. Burns and bis two sons, engaged in building boilers at Green Bay, to transfer tbeir business to De Pere if about $49,000 of stock were subscribed in De Pere, the Burnses agreeing to take care of the rest of $100,000. The proposal was considered by the Business Men’s Association, and a committee, of which the plaintiff was one,…
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Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNgs, Circuit Judge. Some time in December, 1902, a proposal was made by Mr. Burns and bis two sons, engaged in building boilers at Green Bay, to transfer tbeir business to De Pere if about $49,000 of stock were subscribed in De Pere, the Burnses agreeing to take care of the rest of $100,000. The proposal was considered by the Business Men’s Association, and a committee, of which the plaintiff was one, appointed to make some investigation. A generally favorable report was made, whereupon a committee was appointed, with…
1Opinion of the CourtDodge, J.
The decision of the trial court that plaintiff did not, by signing the written subscription, tender himself as a subscriber to the capital stock of the defendant corporation as finally organized is not assailed and is, therefore, the starting point, back of which it is not necessary to go; except so far as previous transactions color events subsequent to about November 13th, when the corporate articles were signed. The question, of course, then arises: By what act of his did the plaintiff become a member of such corporation or become es-topped to deny his membership therein or to recall the…
2Cases cited7 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Franey v. WarnerWisconsin Supreme Court · 1897
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Rasmusen v. New York Life InsuranceWisconsin Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
- Southwestern Slate Co. v. StephensWisconsin Supreme Court · 1909
- Schuetz v. International Harvester Co. of AmericaSupreme Court of Iowa · 1914
- McDonald v. Markesan Canning Co.Wisconsin Supreme Court · 1910
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