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BACHHUBER v. RUNDHAMMER

30 Wis.2d 193 (1966)

BACHHUBER, Special Trustee, Plaintiff and Appellant, v. RUNDHAMMER, Defendant: FIRST AMERICAN NATIONAL BANK, Defendant and Respondent.

Supreme Court of Wisconsin.

March 1, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Larry W. Rader of Wausau.

For the respondent there was a brief by Smith, Puchner, Tinkham & Smith, attorneys, and C. Duane Patterson of counsel, all of Wausau, and oral argument by Mr. Patterson.

GORDON, J.

We are persuaded that the respondent bank is not liable to the trust because the trust and its new trustee are estopped from complaining.

There are two different bases upon which we hold that the trust is subject to an estoppel. First, the trust is in no position to complain because its trustee (the predecessor of the present trustee, Mr. Bachhuber) was responsible for the loss incurred by the trust. It was Mr. Rundhammer, the predecessor trustee...

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