Legal Opinion
Wayne Creamery v. Clements
Michigan Court of Appeals
Decided October 24, 1968No. Docket 3,954PublishedCited by 6 opinions
1Opinion of the CourtLevin, J.
The defendant, Engene K. Clements, was adjudicated a bankrupt and received a discharge of his debts. The plaintiff, Wayne Creamery, broug’ht this action claiming the defendant’s prebankruptcy indebtedness to the plaintiff was not released by the discharge. The plaintiff relies on the exception for debts created by the bankrupt’s “fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity.” Section 17(a)(4) Bankruptcy Act (11 USC § 35).
The defendant had leased a milk route from the plaintiff. At the time the lease was agreed upon the defendant…
2Cases cited20 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Crawford v. BurkeSupreme Court of the United States · 1904
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3Cited by6 opinions
- United Retailers of Easton, Inc. v. Falk of Bethlehem (In Re Falk of Bethlehem)United States Bankruptcy Court, D. New Jersey · 1980
- American Family Mutual Insurance v. Pehkonen (In Re Pehkonen)United States Bankruptcy Court, N.D. Iowa · 1981
- Cotton Belt Insurance v. Harrill (In Re Harrill)United States Bankruptcy Court, E.D. Tennessee · 1979
- Volunteer State Oil Co. v. Adkisson (In Re Adkisson)United States Bankruptcy Court, E.D. Tennessee · 1983
- In Re GrissomDistrict Court, D. Colorado · 1972
1 more not listed; retrieve them via the Exa API.