Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.
Wisconsin Supreme Court
APPEAL FROM THE JEFFERSON CIRCUIT COURT. The subject matter of this suit has once before been before this court upon a different state of pleadings, and is reported in 5th Wisconsin 173. As the whole question depends upon the statements in the complaint, the same are set out in full.
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APPEAL FROM THE JEFFERSON CIRCUIT COURT. The subject matter of this suit has once before been before this court upon a different state of pleadings, and is reported in 5th Wisconsin 173. As the whole question depends upon the statements in the complaint, the same are set out in full. “ And thereupon the said complainants complaining say, that the said Madison, Watertown & Milwaukee Plank Road Company was created, incorporated and organized by and under the laws of the State of Wisconsin, for the purpose of constructing and maintaining a plank road from Milwaukee city to Watertown, and thence…
1Opinion of the Court
By the Court,
WhitoN, C. J.
However ungenerous it may seem, (to give the conduct of these defendants no harsher name,) for the defendants to refuse to pay the money which the plaintiffs have paid on their guaranty, we are of opinion that this bill cannot be sustained. The charter of the *79plaintiffs conferred only the ordinary powers necessary for the purpose of constructing their road. It gave no more. Indeed, it is not contended that the guaranty which the plaintiffs acquired was expressly authorized by the charter; but it is contended, that as the guaranty was made for the purpose of enabling…
2Cited by31 opinions
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- Best Brewing Co. v. KlassenIllinois Supreme Court · 1900
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
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