PRUDENTIAL INS. v. SPENCER'S BOWL

No. 86-0807.

137 Wis.2d 313 (1987)

404 N.W.2d 109

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, Plaintiff-Respondent, v. SPENCER'S KENOSHA BOWL INC., a Wisconsin corporation, Defendant-Appellant, The MILLER-WOHL COMPANY, a Delaware corporation, Martin Yudell, a partner of Delco Development Co. of Kenosha, a co-partnership, Allen Yudell, a partner of Delco Development Co. of Kenosha, a co-partnership, Abraham A. Rosen, a partner of Delco Development Co. of Kenosha, a co-partnership, Max R. Lapofsky, a partner of Delco Development Co. of Kenosha, a co-partnership, Plaza 50 Property Association, an association of property owners, Hupp Co., an OH Corp., a corporation, and State of Wisconsin, a sovereign state and body politic, Defendants.

Court of Appeals of Wisconsin.

Decided February 18, 1987.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of W.O. Kupfer of Kupfer & Kupfer of Kenosha.

For the plaintiff-respondent the cause was submitted on the brief of Charles Q. Kamps and John A. Rothstein of Quarles and Brady of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


NETTESHEIM, J.

Spencer's Kenosha Bowl, Inc. (Spencer's) appeals from a judgment awarding $369,188.21 in damages to the Prudential Insurance Company of America (Prudential). The award is for waste committed by Spencer's upon real estate against which Prudential holds a mortgage. Spencer's raises four issues on appeal: (1) whether Spencer's, as a successor owner which did not assume the mortgage indebtedness, may be held...

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