Upshur v. Briscoe

Citations

• 138 U.S. 365
• 11 S. Ct. 313
• 34 L. Ed. 931
• 1891 U.S. LEXIS 2090

Syllabus

<p>The cases reviewed on the question of what are debts created by a bankrupt while acting in a fiduciary character, so as not. to be discharged, under § 33 of the bankruptcy act of March 2, 1867, c. 176 (14 Stat. 533). The obligation in the present case held to have been discharged.</p> <p>A debt is not created by a person while acting in a “ fiduciary character ” merely because it is created under circumstances in which trust or confidence is reposed in the debtor, in the popular sense of those terms.</p> <p>In this case it was held that the widow of the bankrupt, who was alleged to be a fraudulent grantee, was entitled to the benefit of his discharge, she having pleaded it.</p>