Noble v. Hammond
Citations
- 129 U.S. 65
- 9 S. Ct. 235
- 32 L. Ed. 621
- 1889 U.S. LEXIS 1663
Syllabus
<p>A for Ms own accommodation asked B to collect money for Mm, without compensation, and to keep it until A called for it. B collected the money, and, without actual fraud or fraudulent intent, deposited the proceeds to his own credit with his own funds: By an unexpected revulsion he was forced into bankruptcy before he had paid it over, and made a composition with his creditors: Held, that the debt thus incurred by B to A was not a debt-created by fraud or embezzlement of the bankrupt, or while he was acting in a fiduciary capacity- within the exception provided for in Rev. Stat. § 5117.</p> <p>The word “fraud” as used in Rev. Stat. § 5117 means positive fraud, or fraud in fact, involving moral turpitude or intentional wrong, and not merely implied fraud, or fraud in law.</p>
Judges: Lamar
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41 cases in this archive cite this case; the 20 most cited are listed.
- Davis v. Aetna Acceptance Co.Supreme Court· 1934-12-03· cited 904×
- Upshur v. BriscoeSupreme Court· 1891-02-02· cited 141×
- Brown v. BuchananE.D. Virginia· 1975-12-01· cited 63×
- James Benjamin Hamby, Bankrupt v. St. Paul Mercury Indemnity Company, CreditorFourth Circuit· 1954-11-09· cited 55×
- Discount Home Center, Inc. v. Turner (In Re Turner)N.D. Oklahoma· 1991-12-04· cited 42×
- Bank Calumet v. Whiters (In Re Whiters)N.D. Indiana· 2006-02-02· cited 31×
- Bamco 18 v. Reeves (In Re Reeves)D. New Hampshire· 1990-11-21· cited 30×
- Blashke v. Standard (In Re Standard)N.D. Georgia· 1991-01-04· cited 27×
- Danekas v. Donny (In Re Donny)W.D. Wisconsin· 1982-04-08· cited 25×
- Clair v. ColmesMassachusetts Supreme Judicial Court· 1923-05-25· cited 23×
- Yusem v. United StatesThird Circuit· 1925-09-19· cited 22×
- Shearson Lehman Hutton, Inc. v. Schulman (In Re Schulman)S.D. New York· 1996-06-04· cited 22×
- Wilmington Trust Co. v. Martin (In Re Martin )E.D. Pennsylvania· 1984-01-03· cited 20×
- Stephens v. MilikinCourt of Appeals of Georgia· 1926-04-20· cited 18×
- Delange v. Tsikouris (In Re Tsikouris)N.D. Indiana· 2006-03-30· cited 14×
- Green Acres Investment v. Ridgway (In Re Ridgway)D. Kansas· 1982-11-22· cited 14×
- Royal Indemnity Co. v. ShermanCalifornia Court of Appeal· 1954-04-12· cited 13×
- Cotton Belt Insurance v. Harrill (In Re Harrill)E.D. Tennessee· 1979-09-18· cited 13×
- American Family Mutual Insurance v. Pehkonen (In Re Pehkonen)N.D. Iowa· 1981-11-27· cited 13×
- MacArthur Co. v. Crea (In Re Crea)D. Minnesota· 1983-06-02· cited 12×
Cites
5 cases in this archive are cited by this case.
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