KRAMER BROS. v. PULASKI STATE BANK

No. 85-0260.

130 Wis.2d 194 (1986)

387 N.W.2d 94

KRAMER BROS., INC., Appellant, v. PULASKI STATE BANK, Plaintiff-Respondent, WESLOW & SONS, INC., Defendant.

Court of Appeals of Wisconsin.

Decided March 11, 1986.


Attorney(s) appearing for the Case

For the appellant there were briefs by James A. Jaeger and Melli, Walker, Pease & Ruhly, S.C., of Madison.

For the respondent there was a brief by F. Scott Wochos, Randolph M. Perkins and Egan & Laird, The Green Bay Office of Godfrey & Kahn, S.C., of Green Bay.

Before Cane, P.J., Dean and LaRocque, JJ.


CANE, P.J.

Kraemer Brothers, Inc., appeals an order declaring that funds in the account of Weslow and Sons, Inc., at the Pulaski State Bank were not a trust fund for the benefit of Weslow's subcontractors and material suppliers. Kraemer contends that the funds constitute a trust fund by virtue of sec. 779.02(5), Stats. We conclude that the funds in dispute are held in trust pursuant to sec. 779.02(5), and we therefore reverse...

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