Humbird Cheese Co. v. Fristad

The following opinion was filed April 5, 1932:

Fowler, J.

The appellants claim (1) that the finding of the jury exonerating Fristad from “any acts of fraud or dishonesty” entitled it to a judgment of dismissal; (2) that deferring payment of the plaintiff’s bills did not under the evidence constitute a wilful misapplication of its funds; (3) that the court erred in instructing the jury as to the meaning of the term “wilful misapplication;” and (4) that the court erred in instructing as to the quantum of evidence essential to meet the plaintiff’s burden of proof on the questions involving…