Stickney v. Parmenter
Supreme Court of Vermont
Debt on a judgment of the probate court. Heard on an agreed statement of facts at the Ma'rch Term, 1901, Rutland County, Munson, presiding. Judgment for the plaintiff. The defendant excepted. The action is brought by W. W. Stickney as administrator de bonis non of the estate of Gilbert E. Johnson, to- recover the balance found due said estate upon the settlement of the defendant’s account as former administrator thereof.
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Debt on a judgment of the probate court. Heard on an agreed statement of facts at the Ma'rch Term, 1901, Rutland County, Munson, presiding. Judgment for the plaintiff. The defendant excepted. The action is brought by W. W. Stickney as administrator de bonis non of the estate of Gilbert E. Johnson, to- recover the balance found due said estate upon the settlement of the defendant’s account as former administrator thereof. Upon this settlement, the defendant was charged by the probate court with a certain sum as interest on the funds of the estate which he had mingled with his own. It appeared…
1Opinion of the CourtRowell, J.
This is debt on a judgment of the probate court rendered against the defendant on settlement of his account as administrator of the estate of the plaintiff’s intestate. Plea, discharge in bankruptcy. Replication, that the cause of action is a debt created by the defendant’s misappropriation and defalcation while acting in the fiduciary capacity of administrator as aforesaid. Replication traversed.
A discharge in bankruptcy releases the bankrupt from all his provable debts except those, among others, that “were created by his fraud, embezzlement, misappropriation, or defalcation while acting as…
2Cases cited6 opinions
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Flanagan v. PearsonTexas Supreme Court · 1874
- Bracken v. MilnerU.S. Circuit Court for the District of Western Missouri · 1900
- Laramore v. McKinzieSupreme Court of Georgia · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re HammondCourt of Appeals for the Second Circuit · 1938
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Pond v. Pond's EstateSupreme Court of Vermont · 1906
- Flanders v. MullinSupreme Court of Vermont · 1907
- Messmore's EstateSupreme Court of Pennsylvania · 1927
3 more not listed; retrieve them via the Exa API.