 | New Jersey. Court of Chancery - Law reports, digests, etc - 1909 - 1076 pages
...while acting as an officer or in any fiduciary capacity." The act of 1867 speaks of a debt created by the fraud or embezzlement of the bankrupt or by...a public officer or while acting in any fiduciary capacity. Here the word "misappropriation" is added. The meaning of that word as given in the dictionaries... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...enforced against the appellant The bond, which Jones became a surety on, was not a " debt created by fraud, or embezzlement of the bankrupt, or by his...defalcation as a public officer, or while acting in a fiduciary character," and not being so, it is not included in the exceptions named in the act The... | |
 | Georgia. Supreme Court - Equity - 1885 - 952 pages
...question. The only debts excepted by the terras of the act from such a discharge are those " created by the fraud or embezzlement of the bankrupt, or by...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... | |
 | Edwin John James - Bankruptcy - 1867 - 348 pages
...Ala., 99 ; Taylor vs. Nixon, 4 Sneed, Tenn., 352. Debts and Claims not Discharged. — No debt created by the fraud or embezzlement of the bankrupt, or by...any fiduciary character, shall be discharged under the act. The rules upon the subject as to what will constitute fraud in the contraction of a debt depends... | |
 | 1867 - 498 pages
...district, this day of , AD (Seal) , Judge. SEC. 33. And be it further enacted. That no debt created by the fraud or embezzlement of the bankrupt, or by...a public officer, or while acting in any fiduciary churaoter. shall be discharged under this act ; but the debt may be proved, and the dividend thereon... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1875 - 720 pages
...bar of this action his discharge in bankruptcy. To which the plaintiff replies "that no debt created by the fraud or embezzlement of the bankrupt, or by...fiduciary character, shall be discharged under this act." Section 33, Bankrupt Act. The Bankrupt Act is a statute of repose, highly remedial in its character,... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1870 - 642 pages
...his discharge in bankruptcy would not release him." The 33d section provides, that " no debt created by the fraud or embezzlement of the bankrupt, or by...fiduciary character, shall be discharged under this Act." The District Court held that the debt in this case was created by the defalcation of the debtor while... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1870 - 624 pages
...bankruptcy would not release him." The thirty-third section of the Act provides, "that no debt created by the fraud or embezzlement of the bankrupt, or by...fiduciary character, shall be discharged under this act." The cause of action set out in the complaint in the suit in the State court, in which the party was... | |
 | Law - 1885 - 550 pages
...meaning and application of the word " fraud " iu the clause under consideration — " no debt created by fraud or embezzlement of the bankrupt, or by his defalcation...in any fiduciary character, shall be discharged," etc. An executor sold certain bonds which he had received on the sale of the property belonging to... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1872 - 676 pages
...The provision of the bankrupt act of 1867, upon which the plaintiff relies, is "that no debt created by the fraud or embezzlement of the bankrupt, or by...in any fiduciary character, shall be discharged," &c. It is argued that the deposit of the securities made the defendant a trustee for the owner ; first,... | |
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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... 
