Elmergreen v. Weimer
Wisconsin Supreme Court
Adppeau from an order of the circuit court for Milwaukee county: Waeeest D. Tabbant, Circuit Judge. Tbis is an appeal from an order overruling a demurrer to the amended complaint.
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Adppeau from an order of the circuit court for Milwaukee county: Waeeest D. Tabbant, Circuit Judge. Tbis is an appeal from an order overruling a demurrer to the amended complaint. The complaint is as follows: “That at all times hereinafter mentioned and up to about April 18, 1906, the Michigan Ore Company was a corporation duly organized and existing under and by virtue of the laws of the state of Utah, and that said Michigan Ore Company was incorporated and organized by the defendant and certain of his business allies and associates for the avowed purpose of conducting mining operations;…
1Opinion of the CourtKerwin, J.
The complaint and grounds of demurrer are set out in the statement of facte and need not be repeated *117here. Tbe wrong complained of is primarily a wrong to the corporation and through it a wrong to the stockholders; therefore the primary right of suit to redress the wrong rests with the corporation. The Michigan Ore Company therefore had the right to prosecute this action, and, failing to do so, was a necessary party defendant in an action brought by a stockholder. Donnelly v. Sampson, 135 Wis. 368, 115 N. W. 1089; Land, L. & L. Co. v. McIntyre, 100 Wis. 245, 75 N. W. 964; Jenkins v. Bradley,…
2Cases cited16 opinions
- State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Rape v. HeatonWisconsin Supreme Court · 1859
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Pierce v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Carron v. AbounadorNew Mexico Supreme Court · 1923
- Shelstad v. CookWisconsin Supreme Court · 1977
- Kietlinski v. Interstate Transport Lines, Inc.Wisconsin Supreme Court · 1958
- Marshall v. WittigWisconsin Supreme Court · 1931
- Dean v. DeanWisconsin Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.