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BURMEISTER WOODWORK CO. v. FRIEDEL

No. 291.

65 Wis.2d 293 (1974)

222 N.W.2d 647

BURMEISTER WOODWORK COMPANY, INC., Respondent, v. FRIEDEL, Appellant: PORTRAIT HOMES, INC., Defendant.

Supreme Court of Wisconsin.

Decided October 29, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief by Herbert L. Usow, S. C. of Milwaukee, and oral argument by Mr. Usow.

For the respondent there was a brief by Cook & Franke, S. C., attorneys, and Robert F. Johnson of counsel, all of Milwaukee, and oral argument by Mr. Johnson.

HANLEY, J.

The following issues are presented on appeal:

1. Is it necessary to find that an officer of a corporation has received a benefit from his misappropriation of trust funds under sec. 289.02 (5), Stats., in order to allow one who has provided materials and labor and is thereby a beneficiary of the trust to recover from that officer?

2. Is a showing of wrongful intent required to establish liability...

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