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SAINT PAUL-MERCURY IND. CO. v. DEPT. OF AGR.

259 Wis. 42 (1951)

SAINT PAUL-MERCURY INDEMNITY COMPANY, Appellant, vs. STATE DEPARTMENT OF AGRICULTURE and another, Respondents.

Supreme Court of Wisconsin.

April 3, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Aberg, Bell, Blake & Conrad and Carroll Metzner, all of Madison, and oral argument by Mr. Metzner.

For the respondent State Department of Agriculture there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, attorneys, and Anthony E. Madler, counsel for the department, of counsel, and oral argument by Mr. Tulane.

For the respondent Charles Stesniak there was a brief by Doar & Knowles of New Richmond, and oral argument by Warren P. Knowles.

MARTIN, J.

This case involves a claim under sec. 100.06, Stats., by Charles Stesniak against the Saint Paul-Mercury Indemnity Company as surety on its bond guaranteeing payment to farmers for milk delivered to the Midway Cheese Factory, located in Barron county, Wisconsin.

Mr. Stesniak had received from the Midway Cheese Factory, for milk delivered in September and October of 1947, two checks: One for $513.28, dated October 25, 1947 (Exhibit 4), and one for...

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