Morris F. Fox & Co. v. State

When this action was begun, the state highway commission had in its possession money which had been set aside to pay L. L. Tindall, a contractor, for work done on a highway improvement designated as Federal Aid Project No. 394 — D. Plaintiff and the defendants are creditors of Tindall who filed claims against the fund. This appeal raises a question as to which was entitled to priority in the matter of payment. The Wisconsin Foundry & Machine Company was the only defendant appearing in the action, so that the contest is between it and Morris F. Fox & Company.

The trial court ruled that the…