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KATZE v. RANDOLPH & SCOTT MUT. FIRE INS.

No. 81-1073.

111 Wis.2d 326 (1983)

330 N.W.2d 232

Harry KATZE, Plaintiff-Appellant, v. RANDOLPH & SCOTT MUTUAL FIRE INSURANCE COMPANY, a/k/a Randolph-Scott-Westford Insurance Company, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 19, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by John R. Miller and Miller & Miller of Portage, and oral argument by John R. Miller.

For the defendant-respondent there was a brief by Clyde C. Cross and Cross, Mercer and Maffei of Baraboo, and oral argument by Clyde C. Cross.

Before, Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

Harry Katze brought this action under the theft provisions of his farmowner's insurance policy to recover the value of cattle he sold in exchange for a worthless check. The action was tried to a jury, which rendered a verdict in his favor. Katze appeals from a judgment dismissing his complaint on post-trial motions notwithstanding the verdict. The trial court found, as a matter of law, that Katze suffered no loss by "theft" within the meaning of the policy...

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