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CHETEK STATE BANK v. BARBERG

No. 92-0208.

170 Wis.2d 516 (1992)

489 N.W.2d 385

CHETEK STATE BANK, First Bank & Trust, First Federal Savings & Loan Association of Eau Claire, First Federal Savings Bank, First Financial Bank, FSB, First Interstate Bank of Wisconsin, N.A., First Northern Savings Bank, First Wisconsin National Bank of Eau Claire, Interstate Federal Savings & Loan Association of Mc Gregor, Monycor Savings Bank, F.S.B., Northern State Bank, Ashland, Wisconsin, Security Bank, S.S.B., State Bank of Independence, United Savings & Loan Association, and Western Federal Savings & Loan Association, Plaintiffs-Respondents, v. W. Warren BARBERG, Hotel Operating Company, Inc., Defendants-Appellants, BARSTOW SQUARE COMPANY, a partnership, Defendant, L. J. STUCKY, Stucky Chiropractic Life Center, S.C., James Stucky, O-Jan, a partnership of O.A. Hildebrandt and James Doughterty, O.A. Hildebrandt, James Doughterty, Donald L. Williams, Defendants-Co-Appellants, John DOE (III-V), John Doe (II-V), City of Eau Claire, Connor Evans, Jan M. Evans and Piper, Jaffray & Hopwood, Incorporated, Defendants.

Court of Appeals of Wisconsin.

Decided August 11, 1992.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, L.J. Stucky, Stucky Chiropractic Life Center, S.C., James Stucky and Donald L. Williams, the cause was submitted on the briefs of Gary L. Bakke of Bakke Norman, S.C. of New Richmond.

On behalf of the defendants-appellants, O-Jan, O.A. Hildebrandt and James Doughterty, the cause was submitted on the briefs of Raymond H. Scott and William A. Grunewald of Nikolay, Jensen, Scott, Gamoke & Grunewald, S.C., of Medford.

On behalf of the defendants-appellants, W. Warren Barberg and Hotel Operating Company, Inc., the cause was submitted on the briefs of Michael B. Van Sicklen and Joan L. Eads of Foley & Lardner of Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of John D. Hibbard of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

W. Warren Barberg, Hotel Operating Company, Inc. (Barberg), James Stucky and various other defendants (Stucky) appeal a judgment holding them liable for $342,344.71 as a result of the mortgagor's failure to pay real estate taxes and interest as required under the mortgage agreement. Barberg and Stucky contend that the failure to pay taxes and interest does not state a claim for tortious waste, the underlying claim resulting in the judgment against them. We...

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