First National Bank in Oshkosh v. Scieszinski

Three issues are presented on this appeal. They-are:

1. Is the court’s finding that the appellants conspired to defraud respondents against the great weight and clear preponderance of the evidence ?

2. Was the action against Streuly for fraud barred by his discharge in bankruptcy ?

3. Did respondents pursue all available remedies to mitigate damages ?

Conspiracy to Defraud.

A party alleging fraud has the burden of proving it by clear and convincing evidence.1 The elements of fraud are well established:

*573“ ‘To be actionable the false representation must consist, first, of a statement of fact which is…