...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...

...discharge in bankruptcy shall release a bankrupt from all bis provaЫе debts, except euch as • • * (4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or In any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, 11 L. Ed. 236, Is the leading case on this subject It was there held...

...discharge 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...

...discharge in bankruptcy releases the bankrupt from all his provable debts except those, among others, that "were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." Bankr. Act 1898, § 17. In the agreed facts the parties say that, upon the facts and the pleadings,...

...St. Supp. 1911, p. 1497), excepta from the operation of a discharge debts created by the bankrupt's fraud, embezzlement, misappropriation, or defalcation...acting as an officer or in any fiduciary capacity. Held, that the term "fiduciary capacity" was limited to cases of special trusts, not including those...

...Act, that is, susceptible of being proved; second, whether it was or was not created by defendant's fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in a fiduciary capacity." That court said, after some comment on the sixty-third section of the act, defining...

...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...acting as an officer or In any fiduciary capacity." Appellants base their claim for reversal under the third exception named In the act, to wit: "Have...

...such creditor had notice or actual knowledge of the proceedings in bankruptcy; or were created by hie fraud, embezzlement misappropriation, or defalcation...actIng as an officer or in any fiduciary capacity." The district court of Kentucky, In Re Houston, 94 Fed. 119, had under consideration the precise question...

...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." The chancellor decreed in favor of the intervener on the ground that it was a debt created by reason of...

...provable debts which are excepted from the discharge in subdivision 4 of section 17 of this act are those "created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." In the bankruptcy act of 1867, the offense must have been committed by a "public officer." The omission...