Legal Opinion

Smith v. Burns Boiler & Manufacturing Co.

Wisconsin Supreme Court

Decided May 21, 1907PublishedCited by 7 opinions

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

  1. Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
  2. Franey v. WarnerWisconsin Supreme Court · 1897
  3. Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
  4. Smeesters v. SchroederWisconsin Supreme Court · 1904
  5. Rasmusen v. New York Life InsuranceWisconsin Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bean v. BickleySupreme Court of Iowa · 1919
  2. Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
  3. Southwestern Slate Co. v. StephensWisconsin Supreme Court · 1909
  4. Schuetz v. International Harvester Co. of AmericaSupreme Court of Iowa · 1914
  5. McDonald v. Markesan Canning Co.Wisconsin Supreme Court · 1910

2 more not listed; retrieve them via the Exa API.

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