Woolsey v. Cade
Supreme Court of Alabama
Appeal from Circuit Court of. Dallas. Tried before Hon. M. J. Saeeold. Cade, the appellee, brought this action against Woolsey, the appellant, to recover $711 04, the amount of an account stated on the 29th day of February, 1868, between one Jemison, and Woolsey, Walker & Co., a mercantile firm of which Woolsey was then a member, which indebtedness had been transferred to plaintiff.
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Appeal from Circuit Court of. Dallas. Tried before Hon. M. J. Saeeold. Cade, the appellee, brought this action against Woolsey, the appellant, to recover $711 04, the amount of an account stated on the 29th day of February, 1868, between one Jemison, and Woolsey, Walker & Co., a mercantile firm of which Woolsey was then a member, which indebtedness had been transferred to plaintiff. Woolsey pleaded in bar his subsequent discharge in bankruptcy, to which plaintiff replied that the debt was created by defendant in a fiduciary character, &c., and a trial was had on issue joined on the…
1Opinion of the Court
BRICKELL, C. J. —
The first section of the bankrupt law of 1841, provided: “All persons whatsoever residing in any State, territory, or district of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer, or as executor, administrator, guardian, or trustee, or while Acting in any other fiduciary capacity,” should,( on compliance with its terms, receive a discharge from the payment of debts. The exception--was of debts, fvorñ the operation of the discharge, not of yierscms owing such debts, from the privileges of'the law. In Chapman…
2Cases cited4 opinions
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Austill v. CrawfordSupreme Court of Alabama · 1845
- Treadwell v. HollowayCalifornia Supreme Court · 1873
3Cited by13 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
- Svanoe v. JurgensIllinois Supreme Court · 1893
- Leighton v. United StatesUnited States Court of Claims · 1894
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