Levy v. Sattler
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action in equity brought by the plaintiff, the owner of fifty shares of stock of $100 each in the Milwaukee Knitting Company (a corporation), against the other stockholders to obtain a judgment declaring the total amount of legally issued stock of the corporation to be 250 shares instead of 430 shares (the amount actually issued), thus making him the owner of one…
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Appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an action in equity brought by the plaintiff, the owner of fifty shares of stock of $100 each in the Milwaukee Knitting Company (a corporation), against the other stockholders to obtain a judgment declaring the total amount of legally issued stock of the corporation to be 250 shares instead of 430 shares (the amount actually issued), thus making him the owner of one fifth of the capital stock, and to obtain other incidental relief such as the formal cancellation of the stock issued…
1Opinion of the CourtWinslow, C. J.
The evidence in the case is voluminous, and the briefs discuss many questions which we do not find it necessary to consider. The fundamental question in the case is, in our judgment, a question of fact pure and simple, and that question is whether the agreement of August, 1916, between the plaintiff on one side and the defendants Sattler and H. M. Levy on the other was that said defendants would each sell to the plaintiff twenty-five shares out of the 250 shares which said defendants had already paid for, or twenty-five shares of the so-called treasury stock, not yet issued or paid for, but…
2Cases cited2 opinions
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- Dunn v. Acme Auto & Garage Co.Wisconsin Supreme Court · 1918
3Cited by3 opinions
- Fuller v. KroghWisconsin Supreme Court · 1962
- Long v. Tax CommissionWisconsin Supreme Court · 1932
- Beck v. Beck Investment Co.Wisconsin Supreme Court · 1946