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CENTRAL PENN NATIONAL BANK v. OTTO

No. 143.

60 Wis.2d 749 (1973)

210 N.W.2d 773

CENTRAL PENN NATIONAL BANK, Respondent, v. OTTO and wife, Appellants: WEIS and others, Defendants.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Paul Pike Pullen, of Milwaukee.

For the respondent the cause was submitted on the brief of Brady, Tyrrell, Cotter & Cutler, attorneys, and David E. Jarvis and Larry J. Jost of counsel, all of Milwaukee.

Submitted under sec. (Rule) 251.54 September 11, 1973.

PER CURIAM.

The defense to this action was based upon a claim of material alteration. Defendant Paul Otto testified that the agreed amount of the mortgage debt was lower, the term of the mortgage longer, and the monthly instalments less than the corresponding terms in the note and mortgage sued on. Otto claimed that he and his wife were tricked into signing blank forms and that unauthorized amounts were...

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