Torts — theft by bailee

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2014//

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Wisconsin Court of Appeals

Civil

Torts — theft by bailee

The issue presented on appeal is whether the circuit court erred in granting summary judgment in favor of Town & Country Bank, dismissing a counterclaim for civil theft by bailee made by Phillip Buss, Nancy Buss, and the Watertown Auto Mart. We conclude that, viewing the evidence in the light most favorable to the Busses and Auto Mart by assuming that the jury accepted Buss’s averment that he never authorized the transfer of funds from Auto Mart’s line of credit, no reasonable jury could find that the bank had intent to transfer funds from the line of credit without the consent of Buss/Auto Mart. Accordingly, we affirm. Not recommended for publication in the official reports.

2012AP628 Town & Country Bank v. Buss et al.

Dist IV, Jefferson County, Hue, J., Higginbotham, J.

Attorneys: For Appellant: Pagel, Briane F., Jr., Madison; For Respondent: Kreiter, Maria L., Milwaukee

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