FIRST NAT. BANK & TRUST CO. v. NOTTE

No. 78-604.

97 Wis.2d 207 (1980)

293 N.W.2d 530

FIRST NATIONAL BANK & TRUST COMPANY OF RACINE, Plaintiff-Respondent and Cross-Appellant-Petitioner, v. Robert NOTTE, Defendant-Appellant and Cross-Respondent.

Supreme Court of Wisconsin.

Decided June 27, 1980.


Attorney(s) appearing for the Case

For the First National Bank and Trust Company there were briefs by Lincoln K. Murphy, Hann & Quinn, S.C., and oral argument by Matthew H. Quinn, all of Racine.

For the defendant-appellant there was a brief by James A. Pitts and Capwell, Berthelsen, Nolden & Casanova, Ltd., of Racine, and oral argument by James A. Pitts and Rex Capwell.

Amicus curiae brief was filed by Boardman, Suhr, Curry & Field of Madison, for Wisconsin Bankers Association.


Originally reported in 91 Wis.2d 844, 282 N.W.2d 637.

DAY, J.

The First National Bank and Trust Company of Racine (First National) brought this action against Robert Notte to recover the balance owing on a "Consumer Installment Note and Chattel Security Agreement" in the amount of $16,372.85 plus interest and costs. Mr. Notte acted as a gratuitous co-signer for the principal debtor, Pauline McCloud, who defaulted on the obligation and later filed a petition...

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