In re Camelo

Citations

• 195 F. 632
• 1912 U.S. Dist. LEXIS 1665

Syllabus

<p>1. Bankruptcy (§ 426*)-—Claims Provable—Effect of Discharge of Bankrupt—“Fiduciary Capacity.”</p> <p>An agent, who is intrusted by his principal with beer to deliver to laborers under the supervision of the agent and to collect the pay therefor and pay the money over to the principal, is not acting in a fiduciary capacity within Bankruptcy Act July 1, 1898, c. 541, § 17 (4), 30 Stat. 550 (U. S. Comp. St. 1901, p. 3428), declaring that a discharge in bankruptcy does not affect a debt created by misappropriation while acting in any fiduciary capacity, but the claim of the principal based on the failure of the agent to turn over money collected is founded on a breach of contract and is provable within section 63a(4); the phrase “fiduciary capacity” implying a fiduciary relation existing previously to or independently of the particular transaction out of which the debt arose, and not embracing debts arising in commercial dealings between principal and agent.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 787-807; Dee. Dig. § 426.*</p> <p>For other definitions, see Words and Phrases, vol. 3, pp. 2756-2760; vol. 8, p. 7663.]</p> <p>2. Bankruptcy (§ 426*)—Claims Provable—Effect of Discharge of Bankrupt—“Fiduciary Capacity.”</p> <p>Where the superintendent in charge of laborers purchased beer for them from time to time as authorized by them and deducted from their wages sufficient to pay the seller of the beer, the fiduciary relation created, if any, was between the laborers and the superintendent, and the seller could not rely thereon to establish a fiduciary relation between himself and the superintendent, within Bankruptcy Act July 1, 1S98, c. 541, § 17(4), 30 Stat. 550 (ü. S. Comp. St. 1901, p. 3428).</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 7S7-S07; Dec. Dig. § 426.*]</p> <p>3. Bankruptcy (§ 391*)—Provable Claims—Right of Creditor.</p> <p>Where a creditor of a bankrupt does not prove his provable claim in the bankruptcy cour