Beal-Burrow Dry Goods Co. v. Talburt
Supreme Court of Arkansas
Appeal from Marion Chancery Court; Ben F. McMahan, Chancellor; 1. Appellee wilfully and maliciously injured the property of appellant and liability for the act was not released by his discharge in bankruptcy. Bankrupt Act of February 5, 1903, § 17; 242 U. S. 138; 37 Sup'. Ct. 38; 61 L. Ed. 205; 112 N. Y. Supp. 987; 210 N. Y. 175; 104 N. E. 135; 195 TJ. S. 176; 49 L. Ed. 147; 193 TJ. S. 473-485; 748 L. Ed. 754, 759-760; 24 Sup. Ct.
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Appeal from Marion Chancery Court; Ben F. McMahan, Chancellor; 1. Appellee wilfully and maliciously injured the property of appellant and liability for the act was not released by his discharge in bankruptcy. Bankrupt Act of February 5, 1903, § 17; 242 U. S. 138; 37 Sup'. Ct. 38; 61 L. Ed. 205; 112 N. Y. Supp. 987; 210 N. Y. 175; 104 N. E. 135; 195 TJ. S. 176; 49 L. Ed. 147; 193 TJ. S. 473-485; 748 L. Ed. 754, 759-760; 24 Sup. Ct. Rep. 505; 97 S. E. 78. Both the notes and money were fraudulently appropriated. 139 N. W. 883; 243 Fed. 770. The discharge in bankruptcy was not a release of the…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by appellant against appellee in the chancery court of Marion County to recover the amount of funds alleged to have been collected by appellee as the agent and trustee of appellant and wrongfully appropriated to another use in violation of the trust. Appellee pleaded his discharge in bankruptcy, and also pleaded that appellant is es-topped to pursue the remedy adopted in the present action by reason of its election to pursue another remedy in the bankruptcy court.
The facts of the case are undisputed. Appellee and one Fee composed a mercantile firm doing business…
2Cases cited1 opinion
- Bank of Searcy v. Merchants Grocer Co.Supreme Court of Arkansas · 1916