Franey v. Warner
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jonsrsorr, Circuit Judge. Action to rescind a transaction whereby plaintiff was induced by fraudulent representations made by defendants Warner, Warner, and Wainbold to join with them in the formation of a corporation to purchase certain land for $45,000, said defendants pretending that said land was to be bought of an outside party, who-was the owner, and that all who united in the scheme would share in…
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jonsrsorr, Circuit Judge. Action to rescind a transaction whereby plaintiff was induced by fraudulent representations made by defendants Warner, Warner, and Wainbold to join with them in the formation of a corporation to purchase certain land for $45,000, said defendants pretending that said land was to be bought of an outside party, who-was the owner, and that all who united in the scheme would share in proportion to their respective subscriptions in the actual cost of the land and the profits of the enterprise, when in…
1Opinion of the CourtMabshall, J.
It is assigned, first, as error that the court erred in holding that the complaint states a cause of action. This is based on the theory of counsel for appellants that respondent’s counsel purposed stating a cause of action to redress a wrong to the corporation, and that necessary allegations are wanting to justify the plaintiff, as a stockholder, in prosecuting such an action, in that there are no allegations to the effect that the corporation or its officers were requested to prosecute for the wrong and that they refused to comply therewith, or that such a request, if made, would have been…
2Cases cited20 opinions
- Getty v. . DevlinNew York Court of Appeals · 1873
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Petrie v. TorrentMichigan Supreme Court · 1891
- Combs v. ScottWisconsin Supreme Court · 1890
- Brewster v. . HatchNew York Court of Appeals · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
- Gates v. PaulWisconsin Supreme Court · 1903
29 more not listed; retrieve them via the Exa API.