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" ... (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,... "
Atlantic Reporter - Σελίδα 438
1907
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 69

New Jersey. Court of Chancery - 1907 - 930 σελίδες
...that "a discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as * * " were created by his fraud, embezzlement,...acting as an officer or in any fiduciary capacity." — Held, (1) that the words "fiduciary capacity" having reference only to techReeves r. McCracken....

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 72

New Jersey. Court of Chancery - 1909 - 1076 σελίδες
...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...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 21

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 σελίδες
...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...

The Northwestern Reporter, Τόμος 94

1903 - 1250 σελίδες
...3428], providing that a discharge 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." 2. A trustee for creditors, who afterwards was appointed receiver for the debtor,...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 149-150

1907 - 2094 σελίδες
...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...

The Federal Reporter, Τόμος 143

1906 - 1052 σελίδες
...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...

The Federal Reporter, Τόμος 141

1906 - 1122 σελίδες
...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...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 111-112

1902 - 2074 σελίδες
...had notice or actual knowledge of the proceedings In bankruptcy; or 14) were created by his frnud, embezzlement, misappropriation or defalcation while...acting as an officer or In any fiduciary capacity." Section 17 of the bankrupt statute. Heading together sections fi3 and 17 of the bankrupt act, It appears...

The Northeastern Reporter, Τόμος 76

1906 - 1172 σελίδες
...representations, or for willful and malicious injuries to the property or person ! of another, (4) or such other debts as were created by his fraud, embezzlement,...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...

Atlantic Reporter, Τόμος 66

1907 - 1166 σελίδες
...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, misappropriation...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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