... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement,... The Federal Reporter - Page 6291906Full view - About this book
| New Jersey. Court of Chancery - Law reports, digests, etc - 1907 - 930 pages
...act of 1898 provides as follows (§ 17) : "A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...acting as an officer or in any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, is the leading case on this subject. It was there held that by the... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1909 - 1076 pages
...Bankruptcy act, where are enumerated the several exceptions; the fourth of which is: "Such dehts as were created by his fraud, embezzlement, misappropriation...defalcation while acting as an officer or in any fiduciary ca/iacity." The complainant contends that the debt herein arose by a misappropriation to his own use... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1901 - 614 pages
...550, which, so far as material here, reads: " A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...acting as an officer or in any fiduciary capacity. ' ' Corey having been charged in the complaint with a breach of duty by negligent management of the... | |
| Law reports, digests, etc - 1903 - 1250 pages
...3428], providing that a discharge shall release a bankrupt from all his "provable debts," except such as "were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in a fiduciary capacity." 2. A trustee for creditors, who afterwards was appointed receiver for the debtor,... | |
| Law reports, digests, etc - 1907 - 2094 pages
...bankrupt, unless such creditor had notice or actual knowledge of the proceedings In bankruptcy ; or (4) were created by his fraud, embezzlement misappropriation,...acting as an officer or in any fiduciary capacity." As originally passed, instead of the word "liabilities," in clause 2, were the words "judgments in... | |
| Law reports, digests, etc - 1906 - 1052 pages
...Supp. 1905, p. 684] ) — a discharge in bankruptcy does not release the bankrupt from provable debts created by his fraud, embezzlement, misappropriation...acting as an officer, or in any fiduciary capacity. It may very well be doubted if within the meaning of this section, the steel shares in the possession... | |
| Law reports, digests, etc - 1902 - 2074 pages
...had notice or actual knowledge of the proceedings In bankruptcy; or 14) were created by his frnud, embezzlement, misappropriation or defalcation while...acting as an officer or In any fiduciary capacity." Section 17 of the bankrupt statute. Heading together sections fi3 and 17 of the bankrupt act, It appears... | |
| Law reports, digests, etc - 1900 - 1164 pages
...550). which, so far as material here, reads: "A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...acting as an officer or in any fiduciary capacity." Corey having been charged, in the complaint, with a breach of duty by a negligent management of the... | |
| Law - 1906 - 1172 pages
...representations, or for willful or malicious Injuries to the person or property of another ; * * * (4) were created by his fraud, embezzlement, misappropriation...acting as an officer or in any fiduciary capacity." Since the debt upon which the claim of the plaintiffs is founded clearly falls within the category... | |
| Law reports, digests, etc - 1903 - 1168 pages
...St 1901, p. 3428]), which provides that "a discharge in bankruptcy shall release a bankrupt from all his provable debts except such as • • * (4) were...acting as an officer or In any fiduciary capacity." It is well settled by authority of the United States courts that the words "fiduciary capacity," as... | |
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