| New Jersey. Court of Chancery - 1909 - Broj stranica: 1076
...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... | |
| 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 - Broj stranica: 614
...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... | |
| 1903 - Broj stranica: 1250
...Сотр. St 1901, p. 3428, provides that a discharge in bankruptcy shall release a bankrupt from all his "provable debts," except such as "* • * were...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 - Broj stranica: 2074
...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 - Broj stranica: 2094
...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... | |
| 1906 - Broj stranica: 1052
...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... | |
| 1906 - Broj stranica: 1122
...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... | |
| 1906 - Broj stranica: 1172
...for willful and malicious injuries to the property or person ! of another, (4) or such other debts as were created by his fraud, embezzlement, misappropriation,...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... | |
| 1907 - Broj stranica: 1166
...portion of 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,...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... | |
| 1913 - Broj stranica: 1152
...Сотр. St. Supp. 1911, p. 1497]), which excepts from the operation of the discharge such debts as "(4) were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." The question turns upon the meaning of the phrase "in any fiduciary capacity," as used in the act This... | |
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