...guardian, or trustee, or while acting in any other fiduciary capacity," might be declared bankrupts,* and that " no debt created by the fraud or embezzlement...acting in any fiduciary character, shall be discharged in bankruptcy." 3 Commissions.— К factor, like a broker, is entitled to a remuneration for his services...

...have been. Scott v. Olmntcnd, 52 Vt. 211. It is enacted by section 5117, USRS : "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...

...quoted iu Brandenburg on Bankruptcy, p. 150. The only exceptions under the act of 1867 were "debts created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public otlicer, or while acting in any fiduciary character." Hence it has been held in many cases under the...

...defendant in error that this action was excepted from the provisions of the discharge, is as follows: "No debt, created by the fraud or embezzlement of...acting in any fiduciary character, shall be discharged by proceedings in bankruptcy. But the debt may be proved, and the dividend thereon shall be a payment...

...points under discussion, quote several sections of the United States Revised Statutes : "Sec. 5117. No debt created by the fraud or embezzlement of the...acting in any fiduciary character, shall be discharged by proceedings in bankruptcy; but the debt may be proved, and the dividend thereon shall be a payment...

...provable against the bankrupt's estate of the discharge when granted, is contained in this section : " No debt created by the fraud or embezzlement of the...acting in any fiduciary character, shall be discharged by proceedings in bankruptcy, but the debt may be proved and the dividend thereon shall be a payment...

...debt thus incurred was within the exception provided for in section 5117 Rev St., which is as follows: "No debt created by the fraud or embezzlement of the...or while acting in any fiduciary character, shall bedischarged by proceedings in bankruptcy." The judge on the trial charged the jury that the money...

...debts provable against his estate, except those created by the fraud or embezzlement of the insolvent or by his defalcation as a public officer or while acting in any fiduciary character. ($§ 47, 49.) No discharge is granted, or. if granted, is valid: (i) If the debtor has sworn falsely;...

...176, (14 Stat. 533,) which is the statute applicable to the present case, and reads as follows : " That no debt created by the fraud or embezzlement...acting in any fiduciary character, shall be discharged under this act ; but the debt may be proved, and the dividend thereon shall be a payment on account...

...opposition to the motion was based upon section 5117 of the Revised Statutes of the United States, providing that : " No debt created by the fraud or embezzlement...defalcation as a public officer, or while acting in a fiduciary character, shall be discharged by proceedings in bankruptcy ; but the debt may be proved...