Legal Opinion

Ames v. Moir

Supreme Court of the United States

Decided February 2, 1891No. 1404PublishedCited by 39 opinions

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

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Strang v. BradnerSupreme Court of the United States · 1885
  3. Hennequin v. ClewsSupreme Court of the United States · 1884
  4. Noble v. HammondSupreme Court of the United States · 1889
  5. Wolf v. StixSupreme Court of the United States · 1879

3Cited by39 opinions

  1. At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
  2. Heinold Commodities & Securities, Inc. v. Hunt (In Re Hunt)District Court, M.D. Tennessee · 1983
  3. Brown v. BuchananDistrict Court, E.D. Virginia · 1975
  4. Forsyth v. VehmeyerSupreme Court of the United States · 1900
  5. Knott Co. v. Wilson (In Re Wilson)United States Bankruptcy Court, M.D. Tennessee · 1981

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