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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 - Pągina 302
1906
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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 pągines
...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." — 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 pągines
...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 ..., 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 pągines
...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...
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The Northwestern Reporter, Volum 94

1903 - 1250 pągines
...in bankruptcy 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." We have no difficulty In reaching the conclusion that H. Kirk Howry, the appellant,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volums 111-112

1902 - 2074 pągines
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volums 149-150

1907 - 2094 pągines
...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, Volum 141

1906 - 1122 pągines
...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...
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The Pacific Reporter, Volum 61

1900 - 1164 pągines
...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 a negligent management of the...
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The Northeastern Reporter, Volum 76

1906 - 1172 pągines
...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, Volum 55

1903 - 1168 pągines
...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 used...
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