DEAN FOODS CO. v. FOLEY

No. 83-771.

125 Wis.2d 131 (1985)

370 N.W.2d 588

DEAN FOODS COMPANY, Plaintiff-Appellant, v. Constance F. FOLEY, Defendant-Respondent, Lawrence MARTY and Mary Marty, d/b/a Dakota Dairy and Marty Cheese Corporation, Defendants.

Court of Appeals of Wisconsin.

Decided May 28, 1985.


DYKMAN, J.

1 Dean Foods Company, a dairy products manufacturer, sold milk on open account to Marty Cheese Corporation, which became insolvent while indebted to Dean for the milk.2 Dean appeals from a summary judgment concluding that it was not entitled to payment from a trust Marty Cheese Corporation had established under sec. 100.06, Stats.3 Because there is no

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