...original Bankrupt law of 1841 provided in its first section that "all persons whatsoever residing, &c.. owing debts which shall not have been created in consequence of a defalcation as a public officer, or as ej-cciitor, administrator, ijitardian or trustee, or while acting in any other fiduciary capacity"...

...follows : All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in...trustee, or while acting in any other fiduciary capacity, who shall, by petition, setting forth to the best of his knowledge and belief a list of his or their...

...residing in any State, District, or Territory of the United States, owing debts, which shall not havo been created in consequence of a defalcation as a...trustee, or while acting in any other fiduciary capacity, who shall, by petition, setting forth, to the best of his knowledge and belief, a list of bis or their...

...m-iy hecome a volunteer bankrupt under the act, who is owing debts whicli shall not have been crealid in consequence of a defalcation as a public officer, or as executor, adtninatratur, uuardian or trustee, or while acting in any other fidudiary capacity, although, he may...

...follows : All persons whatsoever residing in any state, district, or territory of the United States, owing debts, which shall not have been created in...as a public officer, or as executor, administrator, gunrdian or trustee, or whilr acting in any other fiduciary capacity, who shall by petition sup170...

...and conflicting constructions of the bankrupt law. In some circuits it is held, that one'ftadebted " in consequence of a defalcation as a public officer ; or as executor, or administrator, guardian, or trustee ; or while acting in any other fiduciary capacity," can be discharged...

...commission ; a point, perhaps, worthy of consideration. The excepted debt is one which has arisen " in consequence of a defalcation as a public officer,...or while acting in any other fiduciary capacity." These expressions are not appropriate to commercial affairs. " Defalcation" is ordinarily used to express...

...and extending its benefits to every description of persons owing debts, with the exception of those created in consequence of a defalcation as a public officer, or as an executor, administrator, guardian, or trustee, or while acting in any other fiduciary capacity:...

...and conflicting constructions of the bankrupt law. In some circuits it is held, that one indebted " in consequence of a defalcation as a public officer; or as executor or administrator, guardian or trustee, or while acting in any other fiduciary capacity, " can be discharged...

...bankrupt law declares, that its provisions shall not extend to one whose debt has been created " as an executor, administrator, guardian, or trustee, or while acting in any other fiduciary capacity." It is in this case insisted, that a factor who commits a breach of his duty, by selling and retaining...