 ... (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 3021906Full view - About this book
 | New Jersey. Court of Chancery - 1907 - 930 pages
...discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as * * " were created by his fraud, embezzlement, misappropriation...acting as an officer or in any fiduciary capacity." — Held, (1) that the words "fiduciary capacity" having reference only to techReeves r. McCracken.... | |
 | New Jersey. Court of Chancery - 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 - 1901 - 614 pages
...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
...in bankruptcy 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." We have no difficulty In reaching the conclusion that H. Kirk Howry, the appellant,... | |
 | 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... | |
 | 1907 - 2094 pages
...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... | |
 | 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... | |
 | 1900 - 1164 pages
...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 a negligent management of the... | |
 | 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... | |
 | 1903 - 1168 pages
...in bankruptcy shall release a bankrupt from all his provable debts except such as • • * (4) were created by his fraud, embezzlement, misappropriation,...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 used... | |
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