Burnham v. Noyes
Massachusetts Supreme Judicial Court
Tort for the conversion of a check, dated October SO, 1873, signed by George N. Noyes & Co. payable to the order of Dear-born Brothers, and indorsed by them to the plaintiff.
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Tort for the conversion of a check, dated October SO, 1873, signed by George N. Noyes & Co. payable to the order of Dear-born Brothers, and indorsed by them to the plaintiff. Writ dated December 10, 1875. The declaration alleged in substance that the defendant, knowing the plaintiff to be the owner of the check and fraudulently contriving to defraud and cheat the plaintiff, first stopped payment upon the check and subsequently, upon the pretence that he wished to examine it, obtained possession of the check and refused to give it back to the plaintiff; and that the stopping payment on the…
1Opinion of the CourtSoule, J.
A discharge in bankruptcy bars all claim against the bankrupt on account of his wrongful conversion or withholding of goods or chattels, where the conduct of the bankrupt is free from fraud. U. S. Rev. Sts. §§ 5067, 5114, 5119. But if the debt is created by the fraud of the bankrupt, it is not affected by the discharge. U. S. Rev. Sts. § 5117. The declaration alleges that the defendant obtained possession of the check by the fraudulent representation that he wished to examine it, made with a fraudulent purpose to cheat and defraud the plaintiff, and that, having thus obtained the check, he…
2Cases cited1 opinion
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Guindon v. BruskySupreme Court of Minnesota · 1919
- Hayes v. NashMassachusetts Supreme Judicial Court · 1880