First National Bank v. Bamforth
Supreme Court of Vermont
'General Assumpsit. Pleas, the general issue and discharge in bankruptcy. Eeplieation, claim not scheduled, fund in question obtained through fraud, and retained in a fiduciary capacity. Trial by .court at the March Term, 1915, Franklin County, Fish, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
Bamforth owed the Bank a note, and put up as security therefor a certain negotiable note signed by one Metcalf. The Bank failed to notify Metcalf of the transfer of his note, and he paid it to Bamforth, who falsely represented *77that he still held it. Bamforth appropriated the avails of the eollatéral note to his own nse, and was afterwards discharged in bankruptcy. The important question in the case is, Does the Bank’s claim against Bamforth on account of such collection and appropriation, assuming the validity of such claim, survive the discharge ?
The provisions of the Bankruptcy Act involved…
2Cases cited24 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Crawford v. BurkeSupreme Court of the United States · 1904
- Upshur v. BriscoeSupreme Court of the United States · 1891
- Hennequin v. ClewsSupreme Court of the United States · 1884
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3Cited by6 opinions
- Ford Motor Credit Co. v. Gallaudet (In Re Gallaudet)United States Bankruptcy Court, D. Vermont · 1985
- Mason v. SaultSupreme Court of Vermont · 1919
- Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
- In Re WakefieldSupreme Court of Vermont · 1935
- Motta v. Bernard (In Re Bernard)United States Bankruptcy Court, S.D. Florida. · 1993
1 more not listed; retrieve them via the Exa API.