STATE v. J. C. PENNEY CO.

No. 173.

48 Wis.2d 125 (1970)

179 N.W.2d 641

STATE, Appellant, v. J. C. PENNEY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided October 9, 1970.


Attorney(s) appearing for the Case

For the appellant the cause was argued by James D. Jeffries, assistant attorney general, with whom on the briefs was Robert W. Warren, attorney general.

For the respondent there was a brief by Orr, Isaksen, Werner, Lathrop & Heaney, attorneys, and Charles W. Totto of counsel, all of Madison, and oral argument by San W. Orr.

A brief amicus curiae was filed by Joseph F. Preloznik, attorney, and Charles H. Johnson of counsel, both of Madison, for Wisconsin Judicare.


WILKIE, J.

Two issues are presented on this appeal:

1. Does respondent's one and one-half percent monthly charge on the declining unpaid balance of its revolving charge account constitute forbearance of money, goods or things in action within the meaning of sec. 138.05 (1), Stats.?

2. If respondent's revolving charge account does violate sec. 138.05 (1), Stats., should an injunction be issued as requested by the state against the respondent?

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