Case v. Gorton
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. It is never a fraud to pay a debt except under some bankrupt statute making it such fraud. This is not fraud in fact. A debt contracted by such a fraud of the bankrupt is discharged.
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Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. It is never a fraud to pay a debt except under some bankrupt statute making it such fraud. This is not fraud in fact. A debt contracted by such a fraud of the bankrupt is discharged. This position is supported by the following authorities: Neal v. Clark, 95 U. S. 704, et seq. / Wolf r>. Stiss, 99 U. S. 6, et seq:; Hennegan ». Clews, 111 U. S. 678; Strang v. Bradner, 114 U. S. 556. The general rule is this: “To render the judgment conclusive, it must appear by the record of the prior suit that the particular matter sought to…
1Opinion of the CourtSmith, P. J.
This appeal is taken from a judgment rendered on a judgment and decree in the United States district court of Iowa, at Keokuk, on January 8, 1878. The defendant pleaded his discharge in bankruptcy from all debts in existence on April 26, 1878, as a defense to the action on the judgment obtained in Iowa. *601The reply admits the discharge in bankruptcy, but alleges that the debt sued for was created by the fraud and embezzlement of the defendant, and while acting in a fiduciary capacity; that the defendant was secretary and one of the principal officers of the Davenport Glue Factory, a…
2Cases cited11 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- In Re HollangerUnited States Bankruptcy Court, W.D. Louisiana · 1981
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Louis v. Brown TownshipSupreme Court of the United States · 1883
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3Cited by4 opinions
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- West v. MoserMissouri Court of Appeals · 1892
- Pickel Stone Co. v. WallMissouri Court of Appeals · 1904
- Sconce v. Long Bell Lumber Co.Missouri Court of Appeals · 1893