Schmitt v. Schmitt
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county; Martin L. Lueck, Judge. This is an independent action in equity commenced by the plaintiff August 20, 1915, in the circuit court for Milwaukee county, for the purpose of vacating an order affirming'a foreclosure salé'of corporate stock under date of February 16, 1^10. From a judgment vacating and setting aside an orcL > i,i. confirmation and ordering a resale of the stock the defendants appealed.
Read the full summary
Appeals from a judgment of the circuit court for Milwaukee county; Martin L. Lueck, Judge. This is an independent action in equity commenced by the plaintiff August 20, 1915, in the circuit court for Milwaukee county, for the purpose of vacating an order affirming'a foreclosure salé'of corporate stock under date of February 16, 1^10. From a judgment vacating and setting aside an orcL > i,i. confirmation and ordering a resale of the stock the defendants appealed. The facts are as follows: June 25, 1907, the parties to this action and one Conrad Schmitt were stockholders in the Schmitt Brothers…
1Opinion of the CourtOwen, J.
The keystone of the arch of plaintiff’s case is the alleged agreement between defendants and Conrad Schmitt by which it is claimed that Conrad Schmitt was induced to refrain from bidding at the sale. If the finding to the effect that such an agreement was made be against the clear preponderance of the evidence it completely disposes of plaintiff’s case. This feature of the case has received our earnest consideration, and we are convinced that the finding in such behalf is against the clear preponderance of the evidence and cannot be permitted to stand. The trading is supported only by…
2Cases cited3 opinions
- Railway Co. v. MarpleWest Virginia Supreme Court · 1911
- Schmitt v. FrankeWisconsin Supreme Court · 1915
- Woodruff v. WarnerSupreme Court of Pennsylvania · 1896