Maloney v. Warner

71 N.W. 1119, 96 Wis. 238, 1897 Wisc. LEXIS 357

Opinion

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 was 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.