In re Kimball
U.S. Circuit Court for the District of Southern New York
This was a petition for a review of an order of the district court refusing to discharge the bankrupt [John I-I. Kimball] from arrest, and. also, refusing to discharge the hail given by him thereon. [Case No. 7,768.] He was adjudged a bankrupt on the 26th of May, 186S. The arrest was made on or about the 5th of June thereafter, in an action brought in a state, court, and on an order of arrest founded on an affidavit setting forth that, on the 23d of December, 1867, the…
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This was a petition for a review of an order of the district court refusing to discharge the bankrupt [John I-I. Kimball] from arrest, and. also, refusing to discharge the hail given by him thereon. [Case No. 7,768.] He was adjudged a bankrupt on the 26th of May, 186S. The arrest was made on or about the 5th of June thereafter, in an action brought in a state, court, and on an order of arrest founded on an affidavit setting forth that, on the 23d of December, 1867, the plaintiff forwarded 21,250 pounds of buckwheat flour to the bankrupt, to sell on commission, and remit the proceeds, less the…
1Opinion of the Court
NELSON, Circuit Justice.
The application for the discharge of the bankrupt from arrest is founded on the latter clause of the 26th section of the act, which provides, that “no bankrupt shall be liable to arrest during the pendency of the proceedings, in bankruptcy, in any civil action, unless the same is founded on some debt or claim from which his discharge in bankruptcy would not release him.” The 33d section provides, 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…
2Cited by9 opinions
- Lemcke v. BoothSupreme Court of Missouri · 1871
- Haggerty v. BadkinNew Jersey Court of Chancery · 1907
- In re BrosnahanU.S. Circuit Court for the District of Western Missouri · 1883
- Fulton v. HammondDistrict Court, N.D. Alabama · 1882
- Meador & Brother v. SharpeSupreme Court of Georgia · 1875
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