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Upshur Vs. Briscoe
Cites for this judgment
- US Supreme Court
- Feb 02, 1891
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U.S. 365 (1891) U.S. Supreme Court Upshur v. BriscoeSearch
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U.S. 365 (1891) Upshur v. BriscoeSearch
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La.Ann. 154. The court held, in regard to the discharge in bankruptcy, that the decision of this Court in Hennequin v. ClewsSearch
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and judgment, had altered its conclusions as to the effect of such discharge. It also cited the cases of Chapman v. ForsythSearch
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U. S. 704 , and Wolf v. StixSearch
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in which trust or confidence is reposed in the debtor in the popular sense of those terms. The case of Chapman v. ForsythSearch
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In Neal v. ClarkSearch
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which might exist without the imputation of bad faith or immorality. In Wolf v. StixSearch
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U. S. 1 , the case of Neal v. ClarkSearch
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debtor with the intent by him thereby to hinder and delay his creditors in the collection of their debts. In Hennequin v. ClewsSearch
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In Palmer v. HusseySearch
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U. S. 96 , the case of Hennequin v. ClewsSearch
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in respect to the possession of the securities, as to bar the operation of a discharge in bankruptcy. See also Strang v. BradnerSearch
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U. S. 65 , and Ames v. MoirSearch
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There is no appreciable distinction between the failure of the bankers to return the collaterals in Hennequin v. ClewsSearch
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and the failure of Briscoe to pay the interest in question. In Cronan v. CottingSearch
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a debt created by a person who was already a fiduciary when the debt was created. In this view, it was said in Cronan v. CottingSearch
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in bankruptcy was personal to him and his representatives, and could not avail his widow, and the case of Moyer v. DeweySearch
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availed the bankrupt if he had pleaded it, and that it could not avail his fraudulent grantees. Moreover, in Moyer v. DeweySearch
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in her own defense, and cannot be deprived of its benefit by the failure of his heirs to plead it. See also Botts v. PattonSearch
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U.S. Supreme Court Upshur v. BriscoeSearch
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of Chapman v. ForsythSearch
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and Wolf v. StixSearch
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In Wolf v. StixSearch
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of Neal v. ClarkSearch
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In Hennequin v. ClewsSearch
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of Hennequin v. ClewsSearch
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and Ames v. MoirSearch
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In Cronan v. CottingSearch
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Cronan v. CottingSearch
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of Moyer v. DeweySearch
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Botts v. PattonSearch
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