Austill v. Crawford
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendant in error against the plaintiffs in error for the proceeds of one hundred and ninety bales-of cotton, which the defendants as factors of the plaintiffs, had sold and not accounted for. Plea by Austill, puis darrien continuance, that he had obtained his certificate of final discharge as a bankrupt.
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Error to the Circuit Court of Mobile. Assumpsit by the defendant in error against the plaintiffs in error for the proceeds of one hundred and ninety bales-of cotton, which the defendants as factors of the plaintiffs, had sold and not accounted for. Plea by Austill, puis darrien continuance, that he had obtained his certificate of final discharge as a bankrupt. Replication, that as to one hundred and thirty-one bags of the cotton mentioned in the declaration, the defendants sold the same and converted the money to their own use, refusing to account for it. That the residue was placed in their…
1Opinion of the CourtOrmond, J.
The first section of the bankrupt law declares, that its provisions shall not extend to one whose debt has been created “ as an executor, administrator, guardian, or trustee, or while acting in any other fiduciary capacity.’-’ It is in this case insisted, that a factor who commits a breach of his duty, by selling and retaining the proceeds of cotton intrusted to him to sell, is embraced by the act, and prohibited from taking advantage of its provisions. We are clearly of the opinion that this case does not come within the interdict of the statute. The “ fiduciary capacity” spoken of in the…
2Cases cited2 opinions
- Liotard v. GravesNew York Supreme Court · 1805
- Short v. SkipwithU.S. Circuit Court for the District of Virginia · 1806
3Cited by11 opinions
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Emmons v. AlvordMassachusetts Supreme Judicial Court · 1901
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Woolsey v. CadeSupreme Court of Alabama · 1875
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