 ... willful and malicious injuries to the person or property of another; (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...  The Atlantic Reporter - Page 3321905Full view - About this book
 | New Jersey. Court of Chancery - 1909 - 1076 pages
...the 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... | |
 | New Jersey. Court of Chancery - 1907 - 930 pages
...Bankrupt act of 1808 provides that "a discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as * * * were created...embezzlement, misappropriation or defalcation while actBANKRUPTCY— Continued. PAGE. ing as an officer or in any fiduciary capacity.'' — Held, (1) that... | |
 | 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 - 1901 - 614 pages
...discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4) were created by his fraud, embezzlement, misappropriation,...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... | |
 | 1903 - 1250 pages
...obstacle to a decree for the deficiency? Section 17 of the bankruptcy law of 1898, Act July l, 1S9S, 30 Stat. 550, US Сотр. St 1901, p. 3428, provides...or defalcation •while acting as an officer or in a fiduciary capacity." We have no difficulty In reaching the conclusion that H. Kirk Howry, the appellant,... | |
 | 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... | |
 | 1902 - 2074 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'' The difference in the language is striking. Under the old law "no debt created by the fraud or embezzlement... | |
 | 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... | |
 | 1906 - 1122 pages
...1898 to mean that, in order to bring a debt within the exception, it must be created by the bankrupt's fraud, embezzlement, misappropriation, or defalcation...acting as an officer or in any fiduciary capacity. This decision divests the present case of all considerations save these : First, was the debt claimed... | |
 | 1906 - 1172 pages
...for willful and malicious injuries to the property or person ! of another, (4) or such other debts as were created by his fraud, embezzlement, misappropriation,...acting as an officer, or in any fiduciary capacity. In construing this language and determining its effect upon just such a situation as is presented in... | |
 | 1907 - 1166 pages
...portion of the act here in question Is variant from the act of 1867 above cited, and is as follows: "Except such as were created by his fraud, embezzlement,...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 his defalcation... | |
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