Treadwell v. Holloway
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. The plaintiffs, doing business at -San Francisco, consigned to the defendants at Gilroy, certain agricultural implements, to be sold for a sum not less than five thousand one hundred and fifty-four dollars and forty-six cents, which was to be transmitted to the plaintiffs—the defendants to retain, as commissions, any sum realized over and above that amount.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. The plaintiffs, doing business at -San Francisco, consigned to the defendants at Gilroy, certain agricultural implements, to be sold for a sum not less than five thousand one hundred and fifty-four dollars and forty-six cents, which was to be transmitted to the plaintiffs—the defendants to retain, as commissions, any sum realized over and above that amount. The [defendants sold the goods, and, failing to pay over the money, this action was brought .to recover the amount, less five hundred and fifty-seven…
1Opinion of the Court
By the Court:
The question made by counsel as to whether, upon the facts appearing, the debt from the defendants to the plaintiffs “ was created by fraud ” need not be considered. Whether originating in fraud or not, it is clear that it rusulted from .transactions of a fiduciary character. The thirty-third section of the Bankrupt Act provides that no *549debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under its provisions.
Judgment reversed and cause remanded, with directions to…
2Cited by7 opinions
- Herrlich v. McDonaldCalifornia Supreme Court · 1889
- Flanagan v. PearsonTexas Supreme Court · 1874
- Mayberry v. CookCalifornia Supreme Court · 1898
- Woolsey v. CadeSupreme Court of Alabama · 1875
- Royal Indemnity Co. v. ShermanCalifornia Court of Appeal · 1954
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