NEUMANN v. INDUSTRIAL SOUND ENGINEERING, INC.


31 Wis.2d 471 (1966)

NEUMANN, Respondent, v. INDUSTRIAL SOUND ENGINEERING, INC., Appellant. GELLERUP, d/b/a MIDWEST ENGINEERING COMPANY, Respondent, v. SAME, Appellant. KOLLER, Respondent, v. SAME, Appellant.

Supreme Court of Wisconsin.

July 1, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief by Thomas F. Nelson, attorney, and William S. Porter and Porter, Alverson & Porter of counsel, all of Milwaukee, and oral argument by William S. Porter.

For the respondents there was a brief and oral argument by Jack D. Moertl of Milwaukee.


HALLOWS, J.

In its findings of fact the trial court found the action in the bankruptcy court "was commenced upon the advice of counsel after a full and fair statement of the facts pertinent to the case as known to the plaintiffs at the time of the commencement of the action" and concluded such acts of the respondents constituted a defense to the claims of lack of probable cause and of malice. It is this finding of the trial court which is attacked on this appeal....

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