South Atlantic Guano Co. v. Childs

In Butler-Kyser Mfg. Co. v. Mitchell, 195 Ala. 240, 70 South. 665, following Crawford v. Burke, 195 U. S. 177, 25 Sup. Ct. 9, 49 L. Ed. 147, and other federal decisions, we held that where goods were consigned by the owner to another for sale on commission, the title to remain in the consignor, and the consignee to account for the proceeds, the breach of the latter’s obligation to so account was not a debt “created by his fraud, embezzlement, or misappropriation, or defalcation, while acting * * * in any fiduciary capacity,” and hence was not embraced within tlje class of debts described in…