Clarke v. Lincoln Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Taylor: “ Action to recover the sum of $4,650, which the plaintiff alleges he paid to the defendant company upon a void contract for the purchase of the capital stock of said company, of the par value of $10,000. The complaint, in substance, alleges that the plaintiff subscribed for $10,000 of the capital stock of the company upon the agreement between himself and the company that he…
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APPEAL from the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Taylor: “ Action to recover the sum of $4,650, which the plaintiff alleges he paid to the defendant company upon a void contract for the purchase of the capital stock of said company, of the par value of $10,000. The complaint, in substance, alleges that the plaintiff subscribed for $10,000 of the capital stock of the company upon the agreement between himself and the company that he should pay therefor the sum of $5,000 only, and that as a further consideration for his subscription he should be appointed…
1Opinion of the CourtTaylor, J.
Upon the argument of the case in this court, it is conceded by the counsel for the respondent that his ground of action is based upon the fact that under the provisions of sec. 1753, R. S., the contract made between himself and the company was void, because the corporation issued the stock to him upon an agreement to receive therefor less than-its par value, viz., fifty per cent, of such value. The counsel for the appellant assents to this view of the case, if the facts stated show that such was the contract, but claim that the facts stated do not show that the contract was in contravention…
2Cases cited29 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Harris v. RunnelsSupreme Court of the United States · 1851
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Wood v. LakeWisconsin Supreme Court · 1860
- Melchoir v. McCartyWisconsin Supreme Court · 1872
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3Cited by35 opinions
- Beer v. LandmanTexas Supreme Court · 1895
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Schriber v. LeClairWisconsin Supreme Court · 1886
- President of Kilbourn City v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1912
30 more not listed; retrieve them via the Exa API.