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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,... "
Credits and Collections in Theory and Practice ... - Side 423
av Theodore N. Beckman - 1924 - 465 sider
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 69

New Jersey. Court of Chancery - 1907 - 930 sider
...bankruptcy shall release a bankrupt from all of his provable debts except such as * * " were created by his fraud, embezzlement, misappropriation or defalcation...acting as an officer or in any fiduciary capacity." — Held, (1) that the words "fiduciary capacity" having reference only to techReeves r. McCracken....
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 72

New Jersey. Court of Chancery - 1909 - 1076 sider
...where are enumerated the several exceptions; the fourth of which is: "Such dehts as were created by his fraud, embezzlement, misappropriation or 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 ..., Volum 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 sider
...shall release a bankrupt from all of his provable debts, except such as * * * (4) were created by his fraud, embezzlement, misappropriation, or defalcation...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, Volum 94

1903 - 1250 sider
...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 ..., Volumer 111-112

1902 - 2074 sider
...creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation...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...
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The Northeastern Reporter, Volum 76

1906 - 1172 sider
...willful or malicious Injuries to the person or property of another ; * * * (4) were created by his fraud, embezzlement, misappropriation or defalcation...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, Volum 87

1913 - 1152 sider
...S 5, 32 Stat. 798 (US Сотр. St. Supp. 1911, p. 1497), excepta from the operation of a discharge debts created by the bankrupt's fraud, embezzlement,...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...
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Atlantic Reporter, Volum 66

1907 - 1166 sider
...are enumerated the several exceptions, the fourth of which Is : "Such debts as were created by his fraud, embezzlement, misappropriation or defalcation...acting as an officer or In any fiduciary capacity." The complainant contends that the debt herein arose by a misappropriation to his own use of money which...
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The Atlantic Reporter, Volum 60

1905 - 1168 sider
...bankruptcy shall release a bankrupt from all his provable debts, except such as * * * were created by his fraud, embezzlement, misappropriation, or defalcation...acting as an officer or in any fiduciary capacity." Held (1) that, the words "fiduciary capacity" having reference only to technical trusts, a debt arising...
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The Atlantic Reporter, Volum 97

1916 - 1116 sider
...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...
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