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FELGER v. KOZLOWSKI

25 Wis.2d 348 (1964)

FELGER, Assignee, Plaintiff and Respondent, v. KOZLOWSKI and another, Defendants: SUPERIOR CAST STONE COMPANY, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

October 27, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by James D'Amato, attorney, and Robert T. McGraw and James J. Caldwell of counsel, all of Waukesha, and oral argument by Mr. Caldwell.

For the respondent there was a brief by Herbert L. Usow, attorney, and Robert L. Sanderson of counsel, both of Milwaukee, and oral argument by Mr. Usow.

FAIRCHILD, J.

Economy was adjudicated a bankrupt. Among its records were a copy of a statement of an account receivable and copies of supporting invoices reflecting seven sales of goods by Economy to Superior in January, 1960, at a total net price of $2,071.64. Plaintiff claimed that this account was assigned to him by the trustee in bankruptcy.

Upon the trial, Superior contended that it was an agent for Economy in these transactions; that they were actually...

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