Wade v. Clark
Supreme Court of Iowa
Appeal from, Polk Disi/riet Court. . Action upon a judgment. The debt upon which the judgment was rendered was created while the defendant was acting in a fiduciary character, which fact appears upon the face of iüie record entry of the judgment. The defendant after the rendition of the judgment was discharged in bankruptcy, which tact is pleaded as a defense. The defendant also pleads the statute of limitations.
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Appeal from, Polk Disi/riet Court. . Action upon a judgment. The debt upon which the judgment was rendered was created while the defendant was acting in a fiduciary character, which fact appears upon the face of iüie record entry of the judgment. The defendant after the rendition of the judgment was discharged in bankruptcy, which tact is pleaded as a defense. The defendant also pleads the statute of limitations. There was a trial without a jury, and judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
i. bankrupt- or:discharge: dohts created in fiduciary capacity. I. The plaintiff relies upon section 33 of the Bankrupt Act to avoid the effect of the discharge. That section is in these words; “No debt created by fraud "" * w v- ^ or while acting in a fiduciary character shall be discharged by the proceedings in
bankruptcy.” It is contended, however, by the defendant that the debt is discharged notwithstanding the provision above quoted. ITis claim is based upon the fact that judgment was taken upon the debt.
That this would have the effect to merge the original cause of action no one would…
2Cited by12 opinions
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