Summary
In Flakall Corp. v. Krause (1955), 269 Wis. 310, 70 N.W.2d 8, we dismissed an appeal because of appellant's contumacious conduct in defying the injunctional provisions in the judgment appealed from, without complying with the conditions for a stay imposed by the trial court.
Summary of this case from Knutson v. KnutsonOpinion
February 11, 1955 —
March 8, 1955.
APPEAL from a judgment of the circuit court for Rock county: ARTHUR W. Kopp, Circuit Judge, Presiding. Dismissed.
Geffs, Geffs, Block Geffs and Jacob Geffs, all of Janesville, for the appellants. Roberts, Roe, Boardman, Suhr Bjork and Glenn D. Roberts, all of Madison, for the respondent.
The appeal is from a judgment dated November 12, 1954, containing injunctional provisions directed to the appellants as individuals, copartners, or principal stockholders, directors, and officers of the Flake Food Corporation.
Such corporation was not made a party below and is not a party to the appeal.
The motion of the respondent Flakall Corporation to dismiss the appeal of the appellants is hereby granted because of the contumacious contempt of appellants in defying the injunctional provisions of the judgment appealed from, without complying with the conditions for a stay imposed by the trial court. Authority for such dismissal is afforded by Arnold v. Nat. Union of Marine Cooks, etc. (1953), 42 Wn.2d 648, 257 P.2d 629, affirmed in (1954), 348 U.S. 37, 75 Sup. Ct. 92, 99 L. Ed. 46.
We consider the defense, that it is Flake Food Corporation, a Georgia corporation, whose acts have violated the injunctional provisions of the judgment below and not the appellants to be without merit. It appears that the two individual appellants own 34 of the issued 40 shares of capital stock of such corporation, that one of the remaining six shares of outstanding stock originally stood in the name of the defendant Frank C. Krause and apparently was assigned by him to a third person in order to qualify such person as a director, and that the other five shares are owned by Sarah Krause, wife of the appellant Alvin C. Krause. The inference is inescapable that the two appellants are in complete control of Flake Food Corporation, and no proof has been submitted to rebut such inference. We consider that the facts in the instant case closely parallel those in Terminal Barber Shops, Inc., v. Zoberg (2d Cir. 1928), 28 F.2d 807, where two majority stockholders were held accountable for the acts of the corporation which they controlled.
The appeal is accordingly dismissed.