Wolcott v. Hodge

In reply to the discharge in bankruptcy granted by the district court of the United States, under the U. S. St. of 1841, c. 9, and now set up as a bar to a recovery in the present action, the plaintiff relies upon the exception in that statute of all debts which “ shall have been created in consequence of a defalcation as a public officer, or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity.”

The first inquiry here is whether the facts bring the case within the exception. If it is so, it must be solely because the debt was created while the…