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BRITZ v. AMERICAN INC. CO.

2 Wis.2d 192 (1957)

BRITZ, Plaintiff and Respondent, vs. AMERICAN INSURANCE COMPANY, Defendant and Appellant: YELLOW MANUFACTURING ACCEPTANCE CORPORATION, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

November 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Arthur J. Kaftan.

For the respondent there was a brief and oral argument by Ken Traeger of Gresham.

For the intervening respondent the cause was submitted on the brief of Adolph I. Mandelker, attorney, and John H. Wessel of counsel, both of Milwaukee.

BROWN, J.

The insurer's first defense is that the truck was never stolen. This issue was submitted in a special verdict to the jury which answered that it was stolen on April 13, 1953. The defense rests on inferences that Britz would not have acted as the insurer claims he did if the truck had really been stolen. Britz testified unequivocally that the truck was stolen and he denies acting as the insurer alleges he did. This was clearly a jury question and the jury...

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