Inge v. Stillwell

Citations

• 88 Kan. 33
• 127 P. 527
• 1912 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partnership — Fraud by One Partner — Action — Defense — Bankruptcy. The plaintiff and the defendant were equal partners in a private bank, of which the former was president . and the latter cashier. The cashier was permitted to manage the bank and certain other business of the firm as he chose, the result being a considerable loss. The president sued the cashier for the loss, alleging fraud and mismanagement while acting as partner in a fiduciary capacity ,or relation. The defendant pleaded a discharge in bankruptcy, the plaintiff, who had notice of the proceedings, having filed no claim therein. Held, that such discharge was a good defense, the relation .between partners under the circumstances indicated not being the fiduciary relation referred to in section 17 of the bankruptcy act of 1898.</p>