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KAFKA v. POPE

No. 94-0098.

186 Wis.2d 472 (1994)

521 N.W.2d 174

Joseph J. KAFKA, Plaintiff-Appellant, v. James W. POPE, Rosanne Pope, M & I Northern Bank, First Financial Bank, F.S.B., and Chase Manhattan Leasing Corp., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 20, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Gerald J. Mayhew of Trebon & Polsky of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Timothy V. Langer of Haight, Fabyan & Langer, S.C. of Hartland.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

This is a case where the two major stockholders in a corporation signed separate personal guarantees with the same bank to secure the indebtedness of the corporation. We hold that a guarantor may be entitled to contribution from the other guarantor, even though their guarantees are evidenced by separate instruments, if the debt for which they are liable is the same. We reverse the trial court's conclusion to the contrary.

Joseph J. Kafka and James...

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