| New Jersey. Court of Chancery - 1909 - 1076 страници
...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...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 - 1876 - 650 страници
...sought to be enforced against the appellant The bond, which Jones became a surety on, was not a " debt created by fraud, or embezzlement of the bankrupt,...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 - 1885 - 952 страници
...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 his defalcation...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 - 1867 - 348 страници
...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 his defalcation...officer, or while acting in any fiduciary character, shall be discharged under the act. The rules upon the subject as to what will constitute fraud in the... | |
| 1867 - 498 страници
...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 his defalcation...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... | |
| United States - 1867 - 154 страници
...SECTION THIRTY-THREE. And be it further enacted, That no debt created by the fraud or e bezzlement of the bankrupt, or by his defalcation as a public...officer, or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend thereon shall be a... | |
| North Carolina. Supreme Court - 1875 - 720 страници
...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 his defalcation...officer, or while acting in any fiduciary character, shall be discharged under this act." Section 33, Bankrupt Act. The Bankrupt Act is a statute of repose,... | |
| Theophilus Parsons - 1869 - 716 страници
...this day of , AD (Seal.) , Judge. SECT. 33. And be it further enacted, That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation...officer, or while acting in any fiduciary character, shall be discharged under this act ; but the debt may be proved, and the dividend thereon shall be... | |
| 1885 - 550 страници
...involved the meaning and application of the word " fraud " iu the clause under consideration — " no debt created by fraud or embezzlement of the bankrupt,...officer, or while acting in any fiduciary character, shall be discharged," etc. An executor sold certain bonds which he had received on the sale of the... | |
| United States. Circuit Court (2nd Circuit) - 1870 - 642 страници
...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 his defalcation...officer, or while acting in any fiduciary character, shall be discharged under this Act." The District Court held that the debt in this case was created... | |
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