IN RE NORTHWAY WHOLESALE


22 Wis.2d 87 (1963)

IN RE NORTHWAY WHOLESALE, INC.: CREST FINANCE COMPANY, INC., Appellant, v. JOHNSON, Receiver, Defendant: WISCONSIN VALLEY TRUST COMPANY, Trustee, Respondent.

Supreme Court of Wisconsin.

December 20, 1963.


Attorney(s) appearing for the Case

For the appellant there was a brief by Allan Polachek of Milwaukee, and Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Arthur Kaftan.

For the respondent there was a brief by Smith, Puchner, Tinkham & Smith, and Eberlein & Eberlein, all of Wausau, and oral argument by Richard P. Tinkham.


FAIRCHILD, J.

The facts which were before us in 1961 are stated in the opinion then filed, and need be only outlined here.

On April 24, 1958, United Wholesalers was adjudicated a bankrupt in the United States district court for the Western district of Wisconsin. Northway claimed a property interest in certain merchandise of United, through warehouse receipts issued to Crest, and sold by Crest to Northway.

The validity of the receipts was disputed....

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