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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,... "
The Federal Reporter - Halaman 629
1906
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 69

New Jersey. Court of Chancery - 1907 - 930 halaman
...act of 1898 provides as follows (§ 17) : "A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...acting as an officer or in any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, is the leading case on this subject. It was there held that by the...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 72

New Jersey. Court of Chancery - 1909 - 1076 halaman
...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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 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 halaman
...550, which, so far as material here, reads: " A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...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...
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The Northwestern Reporter, Volume 94

1903 - 1250 halaman
...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,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 149-150

1907 - 2094 halaman
...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...
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The Federal Reporter, Volume 143

1906 - 1052 halaman
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 111-112

1902 - 2074 halaman
...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...
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The Pacific Reporter, Volume 61

1900 - 1164 halaman
...550). which, so far as material here, reads: "A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (4)...acting as an officer or in any fiduciary capacity." Corey having been charged, in the complaint, with a breach of duty by a negligent management of the...
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The Northeastern Reporter, Volume 76

1906 - 1172 halaman
...representations, or for willful or malicious Injuries to the person or property of another ; * * * (4) were created by his fraud, embezzlement, misappropriation...acting as an officer or in any fiduciary capacity." Since the debt upon which the claim of the plaintiffs is founded clearly falls within the category...
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The Atlantic Reporter, Volume 55

1903 - 1168 halaman
...St 1901, p. 3428]), which provides that "a discharge in bankruptcy shall release a bankrupt from all his provable debts except such as • • * (4) were...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...
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