 | 1884 - 628 pages
...under the bankrupt law, it may be ascertained whether the debt upon which the judgment was founded, was created by the fraud or embezzlement of the bankrupt...officer or while acting in any fiduciary character. We think it clear that the plaintiff's claim for n Ttv>j"i*r<* Vll A case, where there is no certain... | |
 | Isaac Grant Thompson - 1884 - 880 pages
...38 ; sc, 39 Am. Rep. 719, reporter's note. The provision in section 5117 of the bankrupt law, which declares that "No debt created by the fraud or embezzlement of the bankrupt shall be discharged by the bankruptcy proceedings," does not apply to one who is himself guilty of... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 680 pages
...93 Pa. St. 38; SC, 39 Am. R. 719, auth. n. The provision in section 5117 of the bankrupt law, which declares that " No debt created by the fraud or embezzlement of the bankrupt," shall be discharged by the bankruptcy proceedings," does not apply to one who is himself guilty of... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 784 pages
...all his debts, with certain exceptions, among which were debts created by his fraud or embezzlement, or by his defalcation as a public officer, or while acting in a fiduciary character. Rev. Stat. ยงยง 5114, 5117. In Strader v. Baldwin, 9 How. 261, indeed, under... | |
 | 1885 - 896 pages
...the estate of the deceased grantee, from which he could not obtain a discharge in the bankrupt court. No debt created by the fraud or embezzlement of the...officer, or while acting in any fiduciary character, can be discharged by the bankrupt court in any case. 14 Stat. at Larnje, 533. As administrator of the... | |
 | United States. Supreme Court - 1885 - 1072 pages
...included within its operation, should be forever discharged ; but the 33d section of the Act provides that no debt created by the fraud or embezzlement...defalcation as a public officer, or while acting in a fiduciary character, shall be discharged under the Bankrupt Act. Such debts may be proved, and the... | |
 | Vermont. Supreme Court - 1885 - 748 pages
...have been. Scott & Co. v. Olmstead, 52 Vt. 211. It is enacted by sec. 5117 RSUS: " No debt created by fraud, or embezzlement of the bankrupt, or by his...acting in any fiduciary character, shall be discharged by proceedings in bankruptcy." To avoid the effect of the composition proceedings, it is incumbent... | |
 | Georgia. Supreme Court - 1885 - 950 pages
...upon the question. The only debts excepted by the terms of the act from such a discharge are those "created by the fraud or embezzlement of the bankrupt,...officer, or while acting in any fiduciary character" (Rev. Stat., 5117) ; and to these exceptions the . courts, by construction of the act, have added one... | |
 | 1885 - 548 pages
...thus incurred is within the meaning of the 33d section of said act (S 5117 of the Rev. Stat.), which declares that " no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation asa public officer, or while acting hi any fiduciary character, shall be discharged under this act"?... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1885 - 680 pages
...judgment in Kentucky was rendered by default. The bankruptcy act of 1867, section 5117, RSUS, provides : " No debt created by the fraud or embezzlement of the bankrupt, or by his defaleation as a public officer, or while acting in any fiduciary character, shall be discharged by... | |
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That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act... 
