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MILWAUKEE ACCEPTANCE CORP. v. KUPER

No. 229.

42 Wis.2d 515 (1969)

167 N.W.2d 256

MILWAUKEE ACCEPTANCE CORPORATION, Appellant, v. KUPER and wife, Respondents.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Glassner, Clancy & Glassner, and oral argument by Ronald S. Jacobs, all of Milwaukee.

For the respondents there was a brief by Levin, Blumenthal, Herz & Levin of Milwaukee, and oral argument by James S. Levin.

CONNOR T. HANSEN, J.

The complaint alleges that the action is based upon a promissory note and therefore the pleadings are controlled by sec. 263.35, Stats.:

"Pleading by copy; notes, etc. In an action, defense or counterclaim founded upon an instrument for the payment of money only it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon, from the adverse party, a specified sum which...

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