Legal Opinion

Haynes v. Kenosha Electric Railway Co.

Wisconsin Supreme Court

Decided May 11, 1909PublishedCited by 25 opinions

Appeal from a judgment of the circuit court for Kenosha county: E. 33. Belden, Circuit Judge. This action is brought to foreclose a trust deed given by theKenosba Street Railway Company to secure a bond issue of $1,500,000, the bonds bearing date November 1, 1901. The-plaintiffs assert that they are the owners and holders of such bonds to the amount of $29,000. Three defenses were pleaded in the answer: (1) The bonds sued on were void, under sec. 1153, Stats.

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Appeal from a judgment of the circuit court for Kenosha county: E. 33. Belden, Circuit Judge. This action is brought to foreclose a trust deed given by theKenosba Street Railway Company to secure a bond issue of $1,500,000, the bonds bearing date November 1, 1901. The-plaintiffs assert that they are the owners and holders of such bonds to the amount of $29,000. Three defenses were pleaded in the answer: (1) The bonds sued on were void, under sec. 1153, Stats. (1898), because the obligor had never received seventy-five per cent, of the par value thereof in money, labor, or property; (2) no…

1Opinion of the Court

The following opinion was filed January 26, 1909:

Barnes, J.

In view of the conclusion reached in this

case it is unnecessary to decide whether ordinance No. 240, passed by the common council of the city of Kenosha, was. re-enacted or validated by the amendment of October 19, 1901, granting certain rights and privileges to the Kenosha Street Railway Company and approving of the assignment to said railway company of the franchises and rights granted plaintiffs -by said ordinance. We will assume, without de*235ciding, that the bonds issued to B. J. Arnold on March 25r 1902, were void within the…

2Cases cited21 opinions

  1. Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
  2. Galveston Railroad v. CowdreySupreme Court of the United States · 1871
  3. Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
  4. Andrews v. . DurantNew York Court of Appeals · 1854
  5. Thompson v. White Water Valley RailroadSupreme Court of the United States · 1889

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

3Cited by25 opinions

  1. Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc., and Francis P. HaveyCourt of Appeals for the Eighth Circuit · 1975
  2. Milwaukee Toy Co. v. Industrial CommissionWisconsin Supreme Court · 1931
  3. Milbrath v. StateWisconsin Supreme Court · 1909
  4. Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
  5. Wooddale, Inc. v. Fidelity and Deposit Company of MarylandCourt of Appeals for the Eighth Circuit · 1967

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

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