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CAPEN WHOLESALE, INC. v. PROBST

No. 92-0306.

180 Wis.2d 354 (1993)

509 N.W.2d 120

CAPEN WHOLESALE, INC., Plaintiff-Respondent, v. John F. PROBST, Defendant-Appellant, J.F. PROBST & COMPANY, INC. and John G. Probst, Defendants.

Court of Appeals of Wisconsin.

Decided November 23, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Tilg & Koch, Ltd., with Thomas M. Foy, of counsel, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Burton A. Strnad, S.C., with Burton A. Strnad, of counsel, of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

SCHUDSON, J.

John F. Probst (Probst Senior) appeals from a judgment following a bench trial in which he was found liable for civil theft by contractor, in violation of sec. 779.02(5), Stats. He argues that although he was a corporate officer and director, he was not "responsible for the misappropriation" under sec. 779.02(5). Because, as the trial court found, Probst Senior "had the power and authority to direct the proper...

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