Armco Steel Corp. v. Hoppe

The trial court in denying a preferred status to the claim under sec. 289.536, Stats.,1 concluded that claimant Armco has no claim under the section be*218cause there has been no theft or misappropriation of the trust funds by Streu, the contractor. In so deciding, the trial court misread certain language in Hribar Trucking, Inc., v. State (1964), 22 Wis. (2d) 431, 435, 126 N. W. (2d) 52, to wit:

“To permit the respondent Hribar to qualify under sec. 289.536, Stats., the court would be required to make the tacit finding that Bonness had perpetrated a crime, since the statute is framed in terms of…