Legal Opinion

Light v. Merriam

Massachusetts Supreme Judicial Court

Decided March 8, 1882PublishedCited by 4 opinions

Contract for money paid. Trial in the Superior Court, before Aldrich, J., who directed a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.

1Opinion of the CourtMorton, C. J.

The provision of the bankrupt act upon which the plaintiff relies is, that “ no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged.” U. S. Rev. Sts. § 5117. The debt which the defendant owed to the estate of Charles P. Nichols was undoubtedly within this provision, having been a debt created by his defalcation as administrator. Woodward v. Towne, 127 Mass. 41. So, if the sureties had merely paid the defalcation, the debt in their favor implied by law from such payment might not…

2Cases cited1 opinion

  1. Woodward v. TowneMassachusetts Supreme Judicial Court · 1879

3Cited by4 opinions

  1. Attorney General v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1907
  2. Tallant v. StedmanMassachusetts Supreme Judicial Court · 1900
  3. Van Ingen v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1896
  4. Packer v. WhittierU.S. Circuit Court for the District of Massachusetts · 1897

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