144 Wis. 224 | Wis. | 1910
The first three propositions referred, to in the .statement of facts, namely, the power of the defendant to incur the obligation which is the basis of plaintiff’s claim, the authority of Rohde to bind the defendant and whether he in fact did so, and whether defendant adopted the acts of Rohde, may be considered together. The articles of incorporation of the defendant were filed with the register of deeds on May 8, 1906. They were signed by A. D. Meiselbach, B. R. God-frey, and Chas. Rohde, incorporators. Sec. 1772, Stats. (1898), provides for the filing of the articles of incorporation or a true copy thereof with the secretary of state and register of deeds of the county in which the corporation is located, and further provides that “no corporation shall, until such articles be so left for record, have legal existence.” Sec. 1773 provides that “until the directors or trustees shall be elected the signers of the articles of organization shall have direction of the affairs of the corporation,” and that “no such corporation shall transact business with any others than its members until at least one half of its capital stock shall have been duly subscribed and at least twenty per centum thereof actually paid in; and if any obligation shall be contracted in violation hereof the corporation offending shall have no right of action thereon; but the signer or signers of the articles and the subscriber or subscribers for stock transacting such business or authorizing the same, or having knowledge thereof, consenting to the incurring of any debt or liability, as well as the stockholders then existing, shall be personally liable upon the same.”
Under our statutes the defendant became a corporation at the time of the filing of its articles with the register of deeds, namely, May 8, 1906, and was capable from that time to bind itself by contract, and the signers of the articles had lawful authority to manage its affairs. Badger P. Co. v. Rose, 95 Wis. 145, 70 N. W. 302. There is evidence tending to show that, immediately after the articles of incorporation of the de
The only serious question on this appeal is the right of the plaintiff to recover for charges made for Sunday publications. It appears from the record that four of the items recovered for, namely, May 13, $32.34; May 20, $40.18; May 27, $33.32; and June 3, $64.10, were for Sunday publications, and the question arises whether the recovery for these* items, can be sustained. The main answer of respondent’s counsel to the contention of appellant’s counsel on this point is that the objection to these items as being Sunday publications was not sufficiently brought to the attention of the trial court, the only objection made to proof of these items being that the evidence was incompetent, irrelevant, and immaterial, while on the part of appellant it is contended that, the dates appearing, the court was bound to take judicial notice that such pub
It is also insisted by appellant that there is an entire failure of proof on the item May 31, 1906, $78.10. We cannot agree with counsel for appellant on this point. A prima facie case was made on the whole bill for advertising, namely, $248.67, and no attempt was made to contradict it. The evidence was sufficient, especially in connection with the admissions made on the trial. It is also urged by counsel for appellant that the reasonableness of the charge for advertising in plaintiff’s paper was not proven. We think there was sufficient evidence to support the finding of the jury on this point.
Error is assigned respecting rulings on evidence, denying motions for nonsuit and directed verdict, refusal to charge as requested, in instructing the jury, and denial of motion for new trial. We do not regard these alleged errors of sufficient gravity to warrant treatment in the view we take of the case.
By the Qowrt. — The judgment of the court below is modified by deducting therefrom $170, the amount of the Sunday advertising, and as so modified is affirmed as of the date of the judgment.