...the present bankrupt law applicable to the point now under consideration is as follows : "Sec. 17a. A discharge in bankruptcy shall release a bankrupt from all of his provable debts except * * * (2) judgments In actions for frauds. * • *" Act July 1, 1898, c. 541, 30 Stat. 550 [US Comp....

...Feb. 5, 1903, c. 487, § 5, 32 Stat. 798 (US Comp. St Supp. 1909, p. 1310), providing that a discharge shall release a bankrupt from all of his provable debts except such as are "liabilities for obtaining property by false pretenses or false representations" is not affected...

...paid." He claims that section 68b is inapplicable, because section 17 of t act provides that — • '•a discharge in bankruptcy shall release a bankrupt from all of his pro' ble debts, except such as * * • (3) have not been duly scheduled In tl for proof and allowance,...

...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...

...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...

...17): "A discharge in bankruptcy shall release a bankrupt from all bis provaЫе debts, except euch as • • * (4) were created by his fraud, embezzlement,...acting as an officer or In any fiduciary capacity." Chapman v. Forsyth, 2 How. 202, 11 L. Ed. 236, Is the leading case on this subject It was there held...

...[US 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...

...discharge in bankruptcy releases the bankrupt from all his provable debts except those, among others, that "were created by his fraud, embezzlement, misappropriation,...acting as an officer or in any fiduciary capacity." Bankr. Act 1898, § 17. In the agreed facts the parties say that, upon the facts and the pleadings,...

...it shall direct, and may thereafter be proved and allowed against his estate." SecÛon 17 provides: "A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied * * * ; (2) are judgments in actions for frauds, or obtaining property...

...17 of the bankruptcy law (Act July l, 1S98, e. 541, 30 Stat 550 [US Сотр. St. 1901, p. 34^8]), reads: "A discharge In bankruptcy shall release a...bankrupt from all of his provable ! debts except such as * * * have not been du! ly scheduled in time for proof and allowance with the name of the creditor...