96 Wis. 238

Maloney, Respondent, vs. Warner and others, Appellants.

April 13

April 30, 1897.

Franey v. Warner, ante, p. 222, followed.

Appeal from a judgment of the circuit oourt-for Milwaukee county: D. H. JoHNsoN, Circuit Judge.

Reversed.

Orren T. Williams, for the appellants.

For the respondent there was a brief by FT. 8. Murphey, attorney, and H. K. Ourtis, of counsel, and oral argument by Mr. Murphey.

Mabshall, J.

The questions presented in this case are identical with those presented and decided at this term in Franey v. Warner, ante, p. 222. The amount of stock subscribed for was $500; hence .the plaintiff’s share of the profits made and fraudulently retained by the appellants was .$141.91, which sum plaintiff should have judgment for on the facts found. The judgment rendered against appellants for -the full amount of money paid by plaintiff upon his stock *239was erroneous, for the reasons stated in Franey v. Warner, supra.

By the Court.— The judgment of the circuit court as to the-appellants is reversed, and the cause remanded with directions to render judgment in accordance with this opinion.

Maloney v. Warner
96 Wis. 238

Case Details

Name
Maloney v. Warner
Decision Date
Apr 30, 1897
Citations

96 Wis. 238

Jurisdiction
Wisconsin

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