Burmeister Woodwork Co. v. Friedel

The following issues are presented on appeal:

1. Is it necessary to find that an officer of a corporation has received a benefit from his misappropriation of trust funds under sec. 289.02 (5), Stats., in order to allow one who has provided materials and labor and is thereby a beneficiary of the trust to recover from that officer?

2. Is a showing of wrongful intent required to establish liability under sec. 289.02 (5), Stats. ?

Benefit to officer.

The decision of this court in Weather-Tite Co. v. Lepper (1964), 25 Wis. 2d 70, 130 N. W. 2d 198, is directly on point. In that case, the plaintiff…