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>