Legal Opinion
Capen Wholesale, Inc. v. Probst
Court of Appeals of Wisconsin
Decided November 23, 1993No. 92-0306PublishedCited by 12 opinions
1Opinion of the CourtSchudson, J.
John F. Probst (Probst Senior) appeals from a judgment following a bench trial in *357which 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 payment of the corporation's funds," we conclude that he was "responsible for the misappropriation" and liable for theft by contractor. Therefore, we affirm.
I. BACKGROUND
Capen…
2Cases cited12 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- State v. FridayWisconsin Supreme Court · 1989
- Preston-Thomas Construction, Inc. v. Central Leasing Corp.Court of Civil Appeals of Oklahoma · 1974
- Weather-Tite Co. of Milwaukee, Inc. v. LepperWisconsin Supreme Court · 1964
- Loehrke v. Wanta Builders, Inc.Court of Appeals of Wisconsin · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chase Lumber & Fuel Co. v. Koch (In Re Koch)United States Bankruptcy Court, W.D. Wisconsin · 1996
- Levine v. Ward (In Re Ward)United States Bankruptcy Court, E.D. Wisconsin · 2010
- Capital City Sheet Metal, Inc. v. VoytovichCourt of Appeals of Wisconsin · 1998
- Ganther Construction, Inc. v. Ward (In Re Ward)United States Bankruptcy Court, E.D. Wisconsin · 2009
- State v. KeyesWisconsin Supreme Court · 2008
7 more not listed; retrieve them via the Exa API.