Bullis v. O'Beirne
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The plaintiff in error, Spencer S. Bullis, having been discharged in bankruptcy on September 19, 1899, which discharge covered provable debts existing on November 14, 1898, made application under the New York Code, section 1268, for the cancelation and discharge of certain judgments rendered against him in the Supreme Court of New York.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The plaintiff in error, Spencer S. Bullis, having been discharged in bankruptcy on September 19, 1899, which discharge covered provable debts existing on November 14, 1898, made application under the New York Code, section 1268, for the cancelation and discharge of certain judgments rendered against him in the Supreme Court of New York. The defendants in error, judgment creditors of said Bullis, opposed the granting of the order upon the ground that the judgments against Bullis were in an action for fraud, and therefore not discharged under…
1Opinion of the CourtJustice Day
This action involves the construction of section 17 of the bankrupt act of 1898, 30 Stat. 544, 550, as it stood prior to the amendment of February 5, 1903. So far as it pertains to this case, this section is as follows:
“ A discharge in bankruptcy shall release the bankrupt from all of his provable debts, except such as . . . (2) are judgments in actions for frauds, or obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another; ; . . (4) were created by his fraud, embezzlement, misappropriation, or defalcation…
2Cases cited6 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Forsyth v. VehmeyerSupreme Court of the United States · 1900
- O'Beirne v. . Allegheny Kinzua R.R. Co.New York Court of Appeals · 1897
- In re BullisAppellate Division of the Supreme Court of the State of New York · 1902
- O'Beirne v. . BullisNew York Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davison-Paxon Co. v. CaldwellCourt of Appeals for the Fifth Circuit · 1940
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- Brown & Adams v. United Button Co.Court of Appeals for the Third Circuit · 1906
- North Park Credit v. Harmer (In Re Harmer)United States Bankruptcy Court, D. Utah · 1984
19 more not listed; retrieve them via the Exa API.