Warner v. Cronkhite
U.S. Circuit Court for the District of Eastern Wisconsin
This action comes into this court by removal from the circuit court of Outagamie county. The complaint sets forth the following state of facts: That on tbe 11th of June, 1859, the plaintiff brought an action against the defendant in the circuit court of Outagamie county, to recover damages claimed to have been sustained by the plaintiff, by reason of alleged frauds practiced by defendant upon plaintiff in the sale of certain lands; that the action and the right of the…
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This action comes into this court by removal from the circuit court of Outagamie county. The complaint sets forth the following state of facts: That on tbe 11th of June, 1859, the plaintiff brought an action against the defendant in the circuit court of Outagamie county, to recover damages claimed to have been sustained by the plaintiff, by reason of alleged frauds practiced by defendant upon plaintiff in the sale of certain lands; that the action and the right of the plaintiff to recover therein were founded solely upon the said frauds: that issue was joined in that action by the parties…
1Opinion of the Court
DYER, District Judge.
Section thirty-three of the bankrupt act provides, “that no debt created by fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged by proceedings in bankruptcy; but the debt may be proved, and the dividend thereon shall be a payment on account of such debt.’’ It is claimed by the plaintiff that the ground of the action in which the judgment now sued on was rendered being fraud, the debt was not discharged by the bankruptcy proceedings, and that the stipulation in question did not…
2Cases cited5 opinions
- Wood v. . HenryNew York Court of Appeals · 1869
- Palmer v. PrestonSupreme Court of Vermont · 1872
- Shuman v. . StraussNew York Court of Appeals · 1873
- Roberts v. . ProsserNew York Court of Appeals · 1873
- Prouty v. . SwiftNew York Court of Appeals · 1873
3Cited by4 opinions
- Forsyth v. VehmeyerIllinois Supreme Court · 1898
- Lee v. TarplinMassachusetts Supreme Judicial Court · 1907
- Hamilton v. ReynoldsIndiana Supreme Court · 1882
- Forsyth v. VehmeyerAppellate Court of Illinois · 1898