PARK BANK-WEST v. MUELLER

No. 88-2282.

151 Wis.2d 476 (1989)

444 N.W.2d 754

PARK BANK-WEST, Plaintiff-Appellant, v. Sandra M. MUELLER, Personal Representative of the Estate of Arthur James Mueller, and Sandra M. Mueller, Defendants-Respondents

Court of Appeals of Wisconsin.

Decided June 21, 1989.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Poulos, Sengstock, Wilkoski & Budny, S.C., with Paul D. Christensen and Theodore J. Poulos of counsel, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Michael, Best & Friedrich, with F. William Haberman of counsel, of Milwaukee.

For the Wisconsin Bankers Association, the cause was submitted on the amicus curiae brief of Boarman, Suhr, Curry & Field, with John E. Knight, James E. Bartzen, and Carl J. Rasmussen, of counsel, of Madison.

Before Moser, P.J., Sullivan and Fine, JJ.


SULLIVAN, J.

Park Bank West (Bank) appeals from a judgment that granted summary judgment to Sandra M. Mueller (Sandra) individually and as personal representative of the estate of her late husband, Arthur James Mueller (James).

The facts are undisputed. On July 15, 1987, James borrowed $25,000 from the Bank, as evidenced by an unsecured Business Note. At the same time, James also signed a Declaration of Business Purpose Statement which indicated the loan was...

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