Jones v. Russell
Supreme Court of Georgia
Bankruptcy. Sureties. Before Judge QlBSON. Richmond Superior Court. June Term, 1870. In 1867, Walker became an auctioneer in Augusta, Georgia.
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Bankruptcy. Sureties. Before Judge QlBSON. Richmond Superior Court. June Term, 1870. In 1867, Walker became an auctioneer in Augusta, Georgia. As such, he gave bond conditioned as follows : “low, if the said O. Y. Walker, his executors, administrators and assigns, shall faithfully pay all duties and taxes, which are now or may hereafter be imposed upon sales at vendue, by any law of said State or ordinance of said city, and shall pay over all moneys, and transfer and deliver all notes, bonds, obligations and other valuable thing or things, received by him for mei’chandise, or other property…
1Opinion of the Court
Lochrane, Chief Justice.
The legal question raised by the record in these cases, argued together, is the right of Walker to be discharged from his liability for the amount claimed to be due the plaintiff, from the fact of his having been discharged as a bankrupt. It appears from the record that during his term as auctioneer of the city of Augusta, he had disposed of the goods entrusted to him by the plaintiff, and this suit was instituted to recover the proceeds. The 33d section of the Bankrupt Act, of March 2d, 1869, provides that certain classes of claims, originating in fraud, embezzlement,…
2Cited by8 opinions
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- Herman v. LynchSupreme Court of Kansas · 1881
- Shipley v. PlattsSouth Dakota Supreme Court · 1903
- Gilreath & Son v. Holston Salt & Plaster Co.Supreme Court of Georgia · 1881
- Zeperink v. CardDistrict Court, E.D. Missouri · 1882
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