Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-04-02
MUST FILE PAPERS
FOR STOCK SALES
SUPREME COURT DECIDES AGAINST
SOUTHWESTERN SLATE co. IN
MADISON CASE.
FAILED TO INCORPORATE.
Sought to Recover $4,000 from Madison
Man for Sale of 400 Shares
in Company.
OTHER SUPREME COURT DECISIONS

MADISON, Wis, March 3O-[Spe-
cial. lin decision handed down by the
state supreme court this morning in the
case of the Southwestern Slate company
vs. David Stevens, that tribunal holds
that a company organized to sell stock
cannot legally transact business in the
state until it has filed articles of incor
poration with the secretary of state.
The Southwestern Slate company,
corporation organized in Arkansas and
reorganized under the laws of South
Dakota, with it's principal business in
Chicago, however, engaged Frank Wot-
ton to sell 100000 of its shares in
Madison and vicinity. The company
brought suit to collect $4,000 on 400
shares sold to David Stevens of Madi-
son.
The lower court dismissed the COM
plant on the ground that the corpora
ton had not filed it's articles of incor-
poration with the secretary of state and
could not therefore lawfully transact
business in the state nor hold its sub
scribers to their contracts. The supreme
court upheld the findings of the lower
court.
Telegraph Company Held.
The decision of the Dane county cir
cult court granting to A. 0. Fox the eX
penses incurred by Samuel Poppenhu-
sen of Chicago in travelling to New York
by reason of the failure of the Postal
Telegraph company to deliver telegram
to POppenhausen telling him not to come
to New York, was affirmed.
Fox, who is president of the Northern
Electrical Manufacturing company of
Madison handed to messenger boy for
the company in New York a telegram to
a Chicago lawyer, Samuel Poppennusen,
telling the later not to come to New
York. With the telegram he sent to the
manager of the telegraph office a note
asking him to see that the telegram was
rushed through, explaining its purport.
The telegram did not reach Poppen-
later and failed of it's mission to pre-
vent him from taking the train for New
York. Fox sued lii the Dane county
court and was awarded $157, represent
ing Poppenhusen's railroad fare and ex-
penses and the value of his time.
Amigo Case Reversed.
The court reversed the verdict of the
Amigo jury in an action for false inn
prisonment brought against two Amigo
policemen by Charles Schotte Of Amigo.
Schotte was arrested for being drunk on
the streets of the city of Amigo and was
not arraigned before the municipal court
for seventeen hours. He brought an ac-
ton against Drake and Hill, two Amigo
policemen, for $1,000 damages for in
juries and false imprisonment. He claims
he was not drunk. The jury decided
against him and he took an appeal.
Must Pay for Advertising.
The verdict of the Winnebago county
court in allowing the Hicks Printing
company of Oshkosh to collect for adj
vertising inserted by the Wisconsin Cen
trail railroad in the Oshkosh Daily North
western, when the original contract had
been interlined by the manager of the
printing company, was sustained.
Prior to 1906 the advertisements of
the Wisconsin Central road in the Osh-
kosh Daily Northwestern were in ex-
change for advertising. 0. J. Hardy,
business manager, interlned the COM
pany's contract in 1906 with the follow
ing phrase: ''And to be charged at
regular rates to the amount of $4O0."
Nearly $4,000 worth of advertising was
used, however, at card rates, and the
printing company sued for the $1612.9O,
which amount was sustained in the cir
cult court. The railroad appealed, al
leging the contract was void with inter
llneati0ns.