Chipley v. Frierson
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. The facts of the case are stated in the opinion.
1Opinion of the CourtJustice Westcott
The 38d Section of - the Bankrupt Law of 1867 provided that “ no debt created by the fraud or embezzlement of the bankrupt, dr by defalcation’ as a public officer, or while acting in a fiduciary capacity, shall' bd discharged under this act.” " ‘
W. D. Chipley, the 'defendant in’ the court below, appéllaht here, was the consignee df a lot of grain shipped to him by Frierson, and on account of the sale of the grain he stood indebted to him in a sum of money. No fraud, deceit or bad faith is alleged. It is a simple debt of factor to pi’incipal for amounts realized from sale of a consignment of1…
2Cases cited11 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- In Re L. S. Good & Co.United States Bankruptcy Court, N.D. West Virginia · 1980
- Werner v. FootmanSupreme Court of Georgia · 1875
- Woolsey v. CadeSupreme Court of Alabama · 1875
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