DULL v. CURRAN


16 Wis.2d 200 (1962)

DULL, Plaintiff, v. CURRAN and another, Defendants and Respondents: IOWA NATIONAL MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

April 3, 1962.


Attorney(s) appearing for the Case

For the appellant there were briefs by Clewell, Cooney & Fuerste of Dubuque, Iowa, and Peterson, Antoine & Peterson of Prairie du Chien, and oral argument by F. J. Antoine.

For the respondents there was a brief by Jacobson & Bristol of Waukon, Iowa, and Scheffer & Queram of Prairie du Chien, and oral argument by Robert R. Scheffer.


HALLOWS, J.

Since the pleadings raise an issue of the ownership of the automobile and of Curran's permission, the affidavits offered in support of the motion must be sufficient per se to prove the facts constituting the defense and to overcome the affidavit in opposition to the motion. The proposition of law advanced by Iowa National that retention of the registration certificate by Meese did not invalidate the sale under the Iowa Uniform Sales Act is not reached...

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