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SCHMIDT v. WAUKESHA STATE BANK

No. 95-1850.

204 Wis.2d 426 (1996)

555 N.W.2d 655

Carole H. SCHMIDT, Plaintiff-Respondent, v. WAUKESHA STATE BANK, a Wisconsin banking corporation, Defendant-Appellant, Byron R. LARSON, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided September 12, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by Cramer, Multhauf & Hammes, with Richard R. Kobriger of Waukesha.

For the plaintiff-respondent there were briefs and oral argument by Michael, Best & Friedrich, with David A. Krutz of Milwaukee.

Amicus Curiae brief was filed by John E. Knight and James E. Bartzen of Boardman, Suhr, Curry & Field of Madison, for The Wisconsin Bankers Association.

Before Fine and Schudson, JJ., and Michael T. Sullivan, Reserve Judge.

SCHUDSON, J.

Waukesha State Bank appeals from the judgment granting a declaratory judgment to Carole H. Schmidt, following a bench trial. The trial court concluded that the business note executed by Schmidt's ex-husband, Byron R. Larson, was not secured in whole or in part by the dragnet clause of the mortgage on their real property and, therefore, that Schmidt was not responsible for the debt under the note. The Bank argues...

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