Skip to main content
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

Read full opinion on CourtListener

Other cases named Davis v. Aetna Acceptance Co.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.