Woodward v. Towne
Massachusetts Supreme Judicial Court
Contract. The first count was for money had and received; the second count for money collected by the defendant as an attorney at law employed by the plaintiff. Writ dated July 12, 1876. Answer: 1. A general denial. 2. A discharge in bankruptcy.
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Contract. The first count was for money had and received; the second count for money collected by the defendant as an attorney at law employed by the plaintiff. Writ dated July 12, 1876. Answer: 1. A general denial. 2. A discharge in bankruptcy. At the trial in this court before Colt, J., without a jury, it appeared that the plaintiff, who resided in California, was the brother and only heir at law of Susan Sleney, of Boston, who died on March 14, 1873; that the plaintiff employed the defendant, an attorney at law, as his counsel to contest the validity of an instrument purporting to be the…
1Opinion of the CourtGray, C. J.
The clause in the recent bankrupt act, exempting from the effect of a discharge in bankruptcy “ debts created while acting in any fiduciary character,” is in substance and effect a reenactment of the clause in the bankrupt act of 1841, which allowed a like exemption to debts created “ as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity; ” and includes only technical trusts, and not trusts implied by law from contracts of agency or bailment, U. S. Sts. August 19, 1841, § 1; March 2, 1867, § 33. U. S. Rev. Sts. § 5117. Chapman v. Forsyth, 2 How. 202,…
2Cases cited5 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Grover & Baker Sewing Mach. Co. v. ClintonU.S. Circuit Court for the District of Western Wisconsin · 1873
- Owsley v. CobinU.S. Circuit Court for the District of South Carolina · 1877
3Cited by14 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Clair v. ColmesMassachusetts Supreme Judicial Court · 1923
- Svanoe v. JurgensIllinois Supreme Court · 1893
- Goldman v. City of WorcesterMassachusetts Supreme Judicial Court · 1920
- In re CameloDistrict Court, N.D. New York · 1912
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