Davies v. Stowell
Wisconsin Supreme Court
APPEAL from the Superior Court of MH/wanikee County. Action to recover damages on account of the fraud of the defendants whereby the plaintiff was induced to purchase certain shares of corporate stock.
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APPEAL from the Superior Court of MH/wanikee County. Action to recover damages on account of the fraud of the defendants whereby the plaintiff was induced to purchase certain shares of corporate stock. The defendants pleaded in abatement that the action originated and was being carried on in pursuance of an unlawful agreement by which the plaintiff and certain other persons who had no interest in the action contributed to and bore the expenses of the action. ' They also pleaded to the merits, denying the fraud. A preliminary examination of the plaintiff was had under sec. 4096, E. S., and…
1Opinion of the Court
Oole, O. J.
It is insisted that the c.ourt below erred in refusing to grant the application and prayer of the defendants to dismiss this action, on the hearing of the rule to show cause. It is said the testimony of the plaintiff on the preliminary examination, and the affidavits fifed to resist the petition to dismiss the suit, established beyond controversy that the action was commenced and has been prosecuted by contributions of money from other persons than the plaintiff, who are strangers to the action but have combined together to raise a common fund to carry on the litigation. Such an…
2Cases cited5 opinions
- Barker v. BarkerWisconsin Supreme Court · 1860
- Dorwin v. SmithSupreme Court of Vermont · 1862
- Andrews v. ThayerWisconsin Supreme Court · 1872
- McCall's Admr. v. CapehartSupreme Court of Alabama · 1852
- Gowen v. NowellSupreme Judicial Court of Maine · 1821
3Cited by8 opinions
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- GOLDEN COMMISSARY CORPORATION v. ShipleyDistrict of Columbia Court of Appeals · 1960
- Gelo v. Pfister & Vogel Leather Co.Wisconsin Supreme Court · 1907
- Tron v. LewisIndiana Court of Appeals · 1903
- Worrell v. Roxana Petroleum Corp.Supreme Court of Oklahoma · 1930
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