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BANK OF ASHIPPUN v. ELLS

274 Wis. 530 (1957)

BANK OF ASHIPPUN, Appellant, vs. ELLS and another, Respondents.

Supreme Court of Wisconsin.

January 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Brendemuehl & Brendemuehl of Oconomowoc, and oral argument by Alvin G. Brendemuehl.

For the respondent Carlton Ells there was a brief and oral argument by H. Maxwell Manzer of Madison.

For the respondent Ellis Border there was a brief by Godfrey, Godfrey & Warren of Elkhorn, and oral argument by Thomas G. Godfrey.

MARTIN, J.

The trial court held that plaintiff had waived its mortgage lien on the tractor and the evidence supports that conclusion. The bank permitted the tractor to be commingled with Bierman-Turnacliff's other stock in trade without any mark indicating it was mortgaged property; it knew that it was necessary for Bierman-Turnacliff to sell its merchandise in order to remain in business; it checked the stock from time to...

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