Consol. Vinegar Works v. Brew
| Decision Date | 07 January 1902 |
| Parties | CONSOLIDATED VINEGAR WORKS v. BREW. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Milwaukee county; Lawrence W. Halsey, Judge.
Suit by the Consolidated Vinegar Works against Matthew J. Brew. From an order overruling a demurrer to the complaint, and from a preliminary injunctional order, defendant appeals. Affirmed in part and reversed in part.
This is an action in equity by a corporation against its secretary and trustees to obtain an accounting and to restrain said official from appropriating corporate moneys to his own use. The complaint, after alleging the corporate character of the plaintiff and the fact that the corporate stock was owned by the defendant and by Nicholas Dahinden and Rudolph Gallasch in equal shares, alleged, in substance, that, at a regular meeting of the directors of the corporation held in 1899, the defendant was elected secretary and treasurer of the corporation, and is still such officer; that his duties as such officer were to keep true books of account, receive, receipt for, and properly disburse all of the corporate moneys, and render accounts therefor whenever required by the president or board of directors; that on or about January 1, 1901, the defendant had in his possession outstanding accounts belonging to the plaintiff amounting to about the sum of $4,300; that since that time he has collected about $2,500 thereon, and appropriated the same to his own use, and refuses to account therefor, though a demand for such accounting has been made by the president; that on April 1, 1901, the defendant had accounts of the plaintiff representing about $4,000 in his hands, but the plaintiff is unable to obtain a list thereof from the defendant showing their condition as to payment; that creditors of the plaintiff are pressing their demands, and, unless the defendant pays over the money collected by him, the property of the corporation will be levied upon, to the great injury of its business. Judgment is demanded for an accounting of the plaintiff's moneys collected by the defendant, for an injunction restraining defendant from appropriating the corporate moneys already collected by the defendant, and requiring him to pay over all such moneys into the plaintiff's treasury. To this complaint the defendant demurred on the following grounds: (1) That a court of equity has no jurisdiction; (2) that several causes of action are improperly united; and (3) that the complaint does not state facts sufficient to constitute a cause of action. This demurrer was overruled, and the defendant appeals from the order. Upon the complaint a preliminary injunctional order was, upon...
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