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MERRILL LYNCH v. BOECK

No. 83-675.

120 Wis.2d 591 (1984)

357 N.W.2d 287

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff-Respondent, v. George V. BOECK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 18, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Foley & Lardner, Richard S. Florsheim and Brian W. McGrath of Milwaukee.

For the respondent the cause was submitted on the brief of Paul R. Erickson and Zirbel, Howard & Malone, S.C. of Milwaukee.

Before Foley, P.J., Dean and Nettesheim, JJ.

NETTESHEIM, J.

The defendant, George V. Boeck, appeals from a judgment notwithstanding the verdict in favor of the plaintiff, Merrill Lynch, Pierce, Fenner & Smith, Inc. The trial court dismissed Boeck's counter-claim against Merrill Lynch. Boeck raises two issues on appeal. First, he argues that the trial court erred in ruling as a matter of law that Merrill Lynch owed no fiduciary duty to him as its customer. In the alternative,

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