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KANE v. KROLL

No. 95-0295.

196 Wis.2d 389 (1995)

538 N.W.2d 605

Michael J. KANE, Jr., Plaintiff-Appellant, v. Grace KROLL, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 15, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Steven L. Miller of Miller & Miller of Green Bay.

For the defendant-respondent the cause was submitted on the brief of Lawrence G. Vesely of Olson, Kulkoski, Galloway & Vesely, S.C., of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Michael Kane, Jr., appeals a judgment dismissing his complaint against Grace Kroll, the drawer of a check written to Kane in satisfaction of her son, Gerald Kroll, Jr.'s, debt to Kane. Kane contends that the trial court erred by concluding that he was not a holder in due course and therefore not entitled to prevail against Grace's asserted defense that her son failed to repay her as promised. Because we reverse the judgment and remand to the trial court with...

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