Hallagan v. Dowell
Supreme Court of Iowa
Appeal from Taylor District Court.- — H. K. Evans, Judge. In his lifetime, Patrick Hallagan obtained a judgment against defendant Dowell in a court of the state of Indiana. He brought action in this state upon that judgment. So far as we are concerned with it, defendant pleaded that, since the rendition of the judgment, he had been discharged in bankruptcy, and thus freed from liability under the alleged judgment.
Read the full summary
Appeal from Taylor District Court.- — H. K. Evans, Judge. In his lifetime, Patrick Hallagan obtained a judgment against defendant Dowell in a court of the state of Indiana. He brought action in this state upon that judgment. So far as we are concerned with it, defendant pleaded that, since the rendition of the judgment, he had been discharged in bankruptcy, and thus freed from liability under the alleged judgment. In reply, plaintiff alleged that the judgment sued on was within stated exceptions made in the Bankruptcy Act, and therefore not dischargeable in bankruptcy. The trial court awarded…
1Opinion of the CourtSalinger, J.
l. bankruptcy: aeb^fjSagto nature of acbasea: burden I. The Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. at Large 544 [U. S. Comp. St. 1901, page 3418], as amended by Act February 5, 1903, c. 487, 32 *174Stat. 797 [U. S. Comp. St. Supp. 1911, p. 1493]), excepts from the operation of the discharge, inter alia, cases where the liability is created by “willful and malicious injury to the * * * property of another” or “fraud * * * misappropriation or defalcation while acting * * * in any fiduciary capacity.” Appellee asserts that his judgment, against which a discharge is set up, is within both…
2Cases cited13 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- In re RhutasselDistrict Court, N.D. Iowa · 1899
- Tuska v. . O'BrienNew York Court of Appeals · 1877
- In re GroutSupreme Court of Vermont · 1914
- In re United Button Co.District Court, D. Delaware · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fife v. FifeUtah Supreme Court · 1954
- Fitzgerald v. HerzerCalifornia Court of Appeal · 1947
- Hull-Dobbs Motor Co. v. Associates Discount Corp.Supreme Court of Iowa · 1950
- Rice v. GuiderMichigan Supreme Court · 1936
- Allen v. LindemanSupreme Court of Iowa · 1969
5 more not listed; retrieve them via the Exa API.