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HOME SAVINGS BANK v. BENTLEY

5 Wis.2d 19 (1958)

HOME SAVINGS BANK, Appellant, v. BENTLEY and another, Respondents.

Supreme Court of Wisconsin.

October 7, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Glassner & Glassner, and oral argument by William E. Glassner, Jr., and by Lawrence Clancy, all of Milwaukee.

For the respondents there was a brief by John G. Jursik of Cudahy, attorney, and John J. Devos of Milwaukee of counsel, and oral argument by Mr. Devos.

CURRIE, J.

The issues on this appeal are:

(1) Did the fact, that the plaintiff filed an affidavit setting forth the evidentiary facts in connection with its cashing of the check and the sole affidavit filed in opposition thereto contained no evidentiary facts, require that plaintiff's motion for summary judgment be granted against all three defendants?

(2) Did the trial court possess the right to enter summary judgment in behalf of the plaintiff as...

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