Schneider Fuel & Supply Co. v. West Allis State Bank

The defendant-appellant bank raises five issues in its brief on appeal, and with these five issues this opinion will separately deal.

1. Whether plaintiff was a “claimant?’ under sec. 289.16, Stats. 1967, which states:

“289.16 Theft by contractors. All moneys, bonds or warrants paid or to become due, to any prime contractor or subcontractor for public improvements are a trust fund in his hands; and the use of the moneys by him for any purpose other than the payment of claims on such public improvement, before the claims have been satisfied, constitutes theft and is punishable under s. 948.20.”

De…