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SCHMITZ v. FIRSTAR BANK MILWAUKEE

No. 01-2139.

254 Wis.2d 732 (2002)

2002 WI App 123

647 N.W.2d 379

Eric M. SCHMITZ, Plaintiff-Appellant, v. FIRSTAR BANK MILWAUKEE, Defendant-Respondent, PUTNAM MUTUAL FUNDS CORPORATION, Putnam Investments, Northern Trust Company, Fortis Investors, Inc., and Putnam Fiduciary Trust Company, Defendants.

Court of Appeals of Wisconsin.

Decided April 10, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Joseph G. Doherty and Eric M. Schmitz of Doherty Law Offices, S.C. of West Bend.

On behalf of the defendant-respondent, the cause was submitted on the brief of Gary P. Lantzy of Kohner, Mann & Kailas, S.C. of Milwaukee.

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

¶ 1. NETTESHEIM, P.J.

Eric M. Schmitz appeals from a summary judgment dismissing his action against Firstar Bank Milwaukee. Schmitz alleged claims of negligence and conversion against Firstar after Firstar accepted for deposit checks payable to him that he had not endorsed. The checks, paid from Schmitz's assets with Putnam,1 a codefendant in the underlying action, were fraudulently endorsed by Schmitz's financial advisor, James O...

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