Frank v. Schroeder

The following opinion was filed October 7, 1941:

Wickhem, J.

While briefs on this appeal are largely devoted to the question whether any triable issues of fact are presented by the record with respect to, (1) interpretation of guaranty; (2) the application of sec. 281.22, Stats., as a defense; and (3) nondelivery of the instrument, we deem this case determined at the outset adversely to appellant upon the issue of consideration.

The answer denies any consideration for defendant’s guaranty. No attack by affidavit is made upon the issue thus raised by defendant. It is plaintiff’s claim that as a…