LARSON v. KLEIST BUILDERS, LTD.

No. 95-2235.

203 Wis.2d 341 (1996)

553 N.W.2d 281

Alan LARSON and Laurie Larson, Plaintiffs-Respondents, v. KLEIST BUILDERS, LTD. a Wisconsin Corporation, Defendant, FIRSTAR BANK MILWAUKEE, N.A., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 2, 1996.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Andrew N. Herbach of Howard, Solocheck & Weber, S.C., of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the briefs of Terry E. Nilles of Gibbs, Roper, Loots & Williams, S.C., of Milwaukee.

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


SCHUDSON, J.

Firstar Bank Milwaukee, N.A., appeals from a judgment granted in favor of Alan and Laurie Larson arising from Firstar's deposit of their check, payable to Firstar, into the general account of Kleist Builders, Ltd., rather than into the intended escrow account. The trial court concluded that Kleist, the Larsons' contractor, was not a fiduciary and, therefore, rejected Firstar's claim that the Uniform Fiduciary Act operated as a defense to the Larsons'...

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