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FRICK v. HOWARD

23 Wis.2d 86 (1964)

FRICK, Respondent, v. HOWARD, Receiver, Appellant.

Supreme Court of Wisconsin.

March 6, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Goldenberg & Weber, attorneys, and Samuel Goldenberg of counsel, all of Milwaukee, and oral argument by Samuel Goldenberg.

For the respondent there was a brief by Pommerening & Pommerening, attorneys, and Glen E. Pommerening of counsel, all of Milwaukee, and oral argument by Glen E. Pommerening.

BEILFUSS, J.

The issues are:

1. Did Preston, as a promoter, breach a fiduciary duty to the corporation?

2. Can the defense of want of consideration of the original note securing the assigned mortgage be asserted in an action to foreclose the mortgage where the replacement note was nonnegotiable upon its face?

3. Does a receiver of a corporation under an assignment for benefit of creditors have the...

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