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CENTER STREET FUEL CO. v. HANOVER FIRE INS. CO.

272 Wis. 370 (1956)

CENTER STREET FUEL COMPANY, Respondent, vs. HANOVER FIRE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

March 6, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief by H. O. Wolfe and Wolfe, O'Leary & Kenney, all of Milwaukee, and oral argument by H. O. Wolfe.

For the respondent there was a brief by Hersh & Magidson of Milwaukee, and oral argument by Frederick Hersh.

GEHL, J.

The case of the plaintiff rests principally upon the testimony of Mr. Kelling, its president. For that reason and also because it appears to us that the testimony does not support the trial court's determination, we deem it necessary to make rather extensive reference thereto.

Mr. Kelling testified: When plaintiff corporation received the policy he looked it over and was disturbed because under Item 1 which refers to the tank "it said `nothing.'"...

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