Legal Opinion
Chetek State Bank v. Barberg
Court of Appeals of Wisconsin
Decided August 11, 1992No. 92-0208PublishedCited by 3 opinions
1Opinion of the CourtMyse, J.
W. Warren Barberg, Hotel Operating Company, Inc. (Barberg), James Stucky and various other defendants (Stucky) appeal a judgment holding them liable for $342,344.71 as a result of the mortgagor's failure to pay real estate taxes and interest as required under the mortgage agreement. Barberg and Stucky contend that the failure to pay taxes and interest does not state a claim for tortious waste, the underlying claim resulting in the judgment against them. We agree and reverse the summary judgment against Stucky and the default judgment against Barberg.
The plaintiff banks (the bank) had a…
2Cases cited3 opinions
- Davis v. City of ElkhornCourt of Appeals of Wisconsin · 1986
- Dick & Reuteman Co. v. Jem Realty Co.Wisconsin Supreme Court · 1937
- Johnson v. GrzadzielewskiCourt of Appeals of Wisconsin · 1990
3Cited by3 opinions
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- Mitchell Bank v. SchankeWisconsin Supreme Court · 2004
- Travelers Insurance v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994