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FIRST NAT. BANK IN OSHKOSH v. SCIESZINSKI

25 Wis.2d 569 (1964)

FIRST NATIONAL BANK IN OSHKOSH and another, Respondents, v. SCIESZINSKI and others, Appellants.

Supreme Court of Wisconsin.

November 24, 1964.

Attorney(s) appearing for the Case

For the appellants Edward J. Scieszinski and James L. Scieszinski there was a brief and oral argument by Noreen G. Bengston of Madison.

For the appellant Ralph Kenneth Streuly there was a brief and oral argument by Cleland P. Fisher of Janesville.

For the respondents there was a brief by Williams, Williams & Meyer of Oshkosh, for the First National Bank in Oshkosh, and R. Kintzler of Milwaukee, for the Allied Building Credits, Inc., and oral argument by Mr. Kintzler and Mr. Harry E. Meyer.

WILKIE, J.

Three issues are presented on this appeal. They are:

1. Is the court's finding that the appellants conspired to defraud respondents against the great weight and clear preponderance of the evidence?

2. Was the action against Streuly for fraud barred by his discharge in bankruptcy?

3. Did respondents pursue all available remedies to mitigate damages?

Conspiracy to Defraud.

A party alleging fraud has the burden...

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