Treadwell v. Holloway
California Supreme Court
Treadwell v. Holloway, 46 Cal. 547 (Cal. 1873)
Treadwell v. Holloway
Opinion of the Court
The question made by counsel as to whether, upon the facts appearing, the debt from the defendants to the plaintiffs “ was created by fraud ” need not be considered. Whether originating in fraud or not, it is clear that it rusulted from .transactions of a fiduciary character. The thirty-third section of the Bankrupt Act provides that no
Judgment reversed and cause remanded, with directions to render judgment for the plaintiffs according to the stipulation.
Reference
- Full Case Name
- LEONARD L. TREADWELL and GEORGE R. CARTER v. WILLIAM HOLLOWAY, GREM HANNA, and JAMES HANNA
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Discharge Undeb Bankrupt Act.'—Under the Bankrupt Act of the United States, a discharge cannot be obtained from a debt created while acting in a fiduciary character. Debating Debt in a Fiduciary Charaoteb.—One who receives goods consigned to him on commission to be sold, and the proceeds, less commissions, to be transmitted to the consignor, if he sells the goods and fails to transmit the money, creates a debt in a fiduciary capacity.