Reitz v. People ex rel. Stark

Citations

• 72 Ill. 435

Syllabus

<p>1. Bankruptcy—discjum'ge in, releases surety from liability on guardian's bond,. The liability of a surety on a guardian’s bond, before breach in the condition of the bond, is a conditional liability, within the meaning of the second clause of section 19 of the Bankrupt Law of March 2d, 1807, and a discharge in bankruptcy releases the surety from such liability.</p> <p>2. Same—liability of surety not a debt created in a fiduciary capacity. The liability of a surety upon a guardian’s bond is not a debt created by him whilst acting in a fiduciary character, within the meaning of the exception in the Bankrupt Act, which provides that no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation in a public office, or while acting in a fiduciary capacity, shall be discharged under the act.</p>