Shipley v. Platts

Citations

• 17 S.D. 357
• 97 N.W. 1
• 1903 S.D. LEXIS 59

Syllabus

<p>A laundry agent in a country town, whose duties are to collect articles, forward them to the laundry in the city, receive them back and 'distribute them, make collections, and remit to his principal after deducting his commissions, the agency having continued for more than a year, occupies a fiduciary relation towards his principal, so that, under Bankr. Act 1898, § 17 (Act July 1, 1898, e. 541, 30 Stat. 550 U. S. Comp. St. 1901,-p. 3428), providing that a discharge shall not affect debts created by the bankrupt’s misappropriation or defalcation while acting in any fiduciary capacity, a discharge will not avail him against his principal’s claim for money’s not turned .over. Haney, P. J., dissenting.</p>