Brown v. Garey

The defendants were discharged from the liability asserted in the complaint unless the conversion of the plaintiff’s shares of stock was “ willful and malicious.” (Bankruptcy Act, § 17, subd. 2; U. S. Code, tit. 11, § 35, subd. 2.) The burden of establishing that it was willful and malicious rather than accidental or negligent was upon the plaintiff who asserted that the liability was excluded from the operation of the discharge. (Kreitlein v. Ferger, 238 U. S. 21; Matter of Levitan, 224 Fed. 241; *373Manheim v. Loewe, 185 App. Div. 601; Niles v. Havens, 198 id. 546.) Not only does it seem to me…