Ames v. Moir
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The case, as stated by the court, was as follows : "Wilson Ames, the plaintiff in error, a rectifier and wholesale dealer in whiskies and high-wines in the city of Chicago, executed and delivered to Eobert Moir & Co., distillers and merchants at Oquawka, Illinois, the following writing, bearing date June 9, 1870 : “ I have this day bought of Eobert Moir & Co. one hundred (100) barrels high-wines, ‘ iron bound,’ at one…
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The case, as stated by the court, was as follows : "Wilson Ames, the plaintiff in error, a rectifier and wholesale dealer in whiskies and high-wines in the city of Chicago, executed and delivered to Eobert Moir & Co., distillers and merchants at Oquawka, Illinois, the following writing, bearing date June 9, 1870 : “ I have this day bought of Eobert Moir & Co. one hundred (100) barrels high-wines, ‘ iron bound,’ at one dollar seven cents ($1.07) per proof gallon. The conditions of sale are as follows: The buyer can call from 1st July to 20th…
1Opinion of the CourtJustice Harlan
The only question .for the determination of this court is whether Ames’s discharge in bankruptcy was a bar to the present action; and that question depends upon the inquiry whether the defendant is sued on account of a debt created by fraud within the meaning of the bankruptcy act. It is the settled doctrine of this court that “ fraud ”■ in the act of Congress defining the debts from which a bankrupt is not relieved by a discharge in bankruptcy means “ positive fraud, or fraud in fact involving moral turpitude or intentional wrong* as does embezzlement, and not implied fraud or fraud in law*…
2Cases cited5 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Strang v. BradnerSupreme Court of the United States · 1885
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Noble v. HammondSupreme Court of the United States · 1889
- Wolf v. StixSupreme Court of the United States · 1879
3Cited by39 opinions
- At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
- Heinold Commodities & Securities, Inc. v. Hunt (In Re Hunt)District Court, M.D. Tennessee · 1983
- Brown v. BuchananDistrict Court, E.D. Virginia · 1975
- Forsyth v. VehmeyerSupreme Court of the United States · 1900
- Knott Co. v. Wilson (In Re Wilson)United States Bankruptcy Court, M.D. Tennessee · 1981
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