MILWAUKEE CHEESE CO. v. OLAFSSON

No. 26.

40 Wis.2d 575 (1968)

162 N.W.2d 609

MILWAUKEE CHEESE COMPANY, Appellant, v. OLAFSSON, d/b/a ARNIE OLAFSSON & COMPANY and others, Defendants: MARSHALL & ILSLEY BANK, Garnishee Defendant: UTVEGSBANKI ISLANDS (FISHERIES BANK OF ICELAND), Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

Decided November 26, 1968.


Attorney(s) appearing for the Case

For the appellant there was a brief by Snyder, Fisher, Lee, Lilly & Hecht of Milwaukee, and oral argument by Richard Y. Fisher.

For the respondent there was a brief by Kaumheimer, Reinhart, Boerner, Van Deuren & Norris, attorneys, and Paul V. Lucke of counsel, all of Milwaukee, and oral argument by Mr. Lucke.


BEILFUSS, J.

The issue is whether the answer and the claim of the respondent, the impleaded defendant, Fisheries Bank of Iceland, allege facts sufficient to constitute a cause of action.

The plaintiff contends and the impleaded defendant does not dispute that under the substantive law of Wisconsin the answer and claim do not state facts sufficient to constitute a cause of action for the reason that the security instruments held by the impleaded defendant are...

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