... (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 Northeastern Reporter - Página 261906Vista completa - Acerca de este libro
| Harold Remington - 1915 - 1154 páginas
...etc., While Officer or in Fiduciary Capacity. — Debts, demands and claims created by the bankrupt's fraud, embezzlement, misappropriation, or defalcation...acting as an officer, or in any fiduciary capacity, are not discharged.45 § 2784. Must Be Committed While Acting as "Officer" or in "Fiduciary Capacity."... | |
| Iowa. Supreme Court - 1916 - 874 páginas
...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". 30 Stat. L. 550 (Supplement 1912 to Federal Statutes Annotated, Vol. 1, pp. 570, 578). Construing this,... | |
| New York (State) - 1916 - 256 páginas
...the proceedings in bankruptcy; or [(1898) 30 Stat. L. 550.] (4) [Fraud, eta., in fiduciary capacity.] were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity. [(1898) 30 Stat. L. 550.] CHAPTER FOUR. COURTS AND PROCEDURE THEREIN. SEC. 18. PROCESS, PLEADINGS,... | |
| Scott Rowley - 1916 - 928 páginas
...several estates." By section 17 of the Bankruptcy Act a person is not released by a discharge, from debts created by his "fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." Regarding the words "fiduciary capacity," it has been declared that they comprehend technical or express... | |
| 1926 - 1010 páginas
...property by false pretenses or false representations, or for willful and malicious injuries to the persons or property of another; * * • (4) were created by...acting as an officer or in any fiduciary capacity." This was amended by act of February 5, 1903, § 5 (US Comp. St. § 9601), so as to read: "A discharge... | |
| 1928 - 820 páginas
...representations, or for willful and malicious injuries to the person or property of another, or * * * "(Fourth) were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity * * *." A reading of this section in so far as applicable shows that it comprises only such frauds... | |
| 1928 - 808 páginas
...a discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as " (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer in any fiduciary capacity." The term officer as used in this subdivision of the Bankruptcy Act is not... | |
| 1926 - 988 páginas
...discharge in bankruptcy shall release a bankrupt from all his provable debts except such as were eroiled by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in the fiduciary capacity. The findings in the state court in the equity suit conclusively show that the... | |
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1903 - 1092 páginas
...in bankruptcy: r i'. v • ' Vol. 110] JANUARY TERM, 1901. 20i Flte v. Fite. or were created by bis fraud, embezzlement, misappropriation, or defalcation...acting as an officer or in any fiduciary capacity." The District Court of Kentucky, in Re Houston. 94 Fed. 11!*, had under consideration the precise question... | |
| Rhode Island. Supreme Court - 1902 - 778 páginas
...creditor had notice or actual knowledge of the proceedings in bankruptcy ; or (4) were created by bis fraud, embezzlement, misappropriation or defalcation...acting as an officer, or in any fiduciary capacity." The only question raised by the pleadings is whether the discharge in bankruptcy of said Torrey E.... | |
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