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STATE BANK OF MEDFORD v. CURRAN

22 Wis.2d 445 (1964)

STATE BANK OF MEDFORD, Respondent, v. CURRAN, Appellant.

Supreme Court of Wisconsin.

February 4, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Gene G. Krug of Medford.

For the respondent there was a brief by Nikolay, Jensen & Scott of Medford, and oral argument by Raymond H. Scott.

FAIRCHILD, J.

Under the pleadings, the only issue of fact is the number of animals sold to Niemuth which were subject to plaintiff's chattel mortgage. Plaintiff submitted affidavits of persons who heard the president of Rogers Farms, Inc., admit that the 35 animals sold to Niemuth constituted security under the mortgage. Such admissions were evidentiary facts sufficient to establish plaintiff's cause of action. Plaintiff was thus entitled to summary judgment unless...

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