Supreme Court· 12/3/1934
Davis v. Aetna Acceptance Co.
Citations
- 293 U.S. 328
- 55 S. Ct. 151
- 79 L. Ed. 393
- 1934 U.S. LEXIS 1010
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the obli gation arising from the debtor’s conversion of collateral was dischargeable absent “aggravated features”
- holding that because the plaintiff knowingly and willingly loaned the funds to the debtor, he did not acquire the funds without her permission
- holding that a mortgagor in possession is not a fiduciary of the mortgagee within the meaning of the Bankruptcy Act, even though the mortgagor has obligated himself to keep the security intact
- holding that an “obligation is not turned into one arising from a trust because the parties to one of the documents has chosen to speak of it as a trust”
- stating that the scope of the discharge exception is to be limited to technical trusts, not implied or constructive trusts
- noting that the debtor “must have been a trustee before the wrong and without reference thereto.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardozo
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