Legal Opinion

Delbridge v. Kaukauna Fibre Co.

Wisconsin Supreme Court

Decided April 24, 1917PublishedCited by 1 opinion

Appeai, from orders of tbe circuit court for Outagamie county; E'd&AR Y. WeeNER, Circuit Judge. This is an action by tbe plaintiffs to compel tbe receiver of tbe KauJcauna Fibre Company to make a sale and transfer of tbe property of tbe Kauhauna Fibre Company to A. J. McKay of Appleton, Wisconsin, and to cancel tbe contract between tbe receiver and tbe Union Bag and Paper Company for tbe sale of products of tbe Kaukauna Fibre Company.

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Appeai, from orders of tbe circuit court for Outagamie county; E'd&AR Y. WeeNER, Circuit Judge. This is an action by tbe plaintiffs to compel tbe receiver of tbe KauJcauna Fibre Company to make a sale and transfer of tbe property of tbe Kauhauna Fibre Company to A. J. McKay of Appleton, Wisconsin, and to cancel tbe contract between tbe receiver and tbe Union Bag and Paper Company for tbe sale of products of tbe Kaukauna Fibre Company. Tbe Union Bag and Paper Company (hereinafter designated Bag Company) filed an intervening petition asking that it be made a party defendant to tbe cause, that…

1Opinion of the CourtSiebecker, J.

The primary question presented on appeal from the various orders above mentioned is: What *439rights has the Union Bag and Paper Company under the contract it made with the receiver on Eebruary 8, 1916, for the purchase of the hemlock and spruce sulphite to be manufactured at the Fibre plant, to be delivered by the receiver to the Bag Company from July 1, 1916, to January 1, 1917 ?

The receiver’s power in administering his trust must be found in the order of his appointment, since there is no claim that this contract was specifically authorized or ratified by the court. The order of receivership…

2Cases cited4 opinions

  1. Chicago Deposit Vault Co. v. McNultaSupreme Court of the United States · 1894
  2. Brown v. HazlehurstCourt of Appeals of Maryland · 1880
  3. Brunner, Mond & Co. v. Central Glass Co.Indiana Court of Appeals · 1897
  4. In re the Receivership of the Punnett Cycle Manufacturing Co.New York Supreme Court · 1898

3Cited by1 opinion

  1. Hornby v. HornbySouth Dakota Supreme Court · 1946

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