...declared to apply to all persons whatsoever residing within the United States, who owed debts, not created in consequence of a defalcation as a public...or trustee, or while acting in any other fiduciary character,1 and who should by petition on oath, setting forth a list of their creditors and an inventory...

...which shall have been rendered 74. R ULE8 and ORDERS. 69 on any debt or liability not crecited by, or in consequence of, a defalcation as a public officer, or as executor, administrator, guardian, trustee, agent, or attorney, or wbile acting in any other fiduciary capacity, until the same shall...

...of bankruptcy throughout the United States, passed August 19th, 1841," and owing debts which had not been 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, did,...

...bankrupt : provided, however, that every such person owing debts to the amount of one thousand dollars, which shall not have been created in consequence of...trustee, or while acting in any other fiduciary capacity, may, upon finding himself insolvent, appear before any justice of the Supreme Court, and upon making...

...whatsoever, residing in any state, district or territory of the United States, owing debts which should not have been created in consequence of a defalcation...or while acting in any other fiduciary capacity," and which they were unable to pay. A very able opposition was made to this extension of the meaning...

...and that it was duly verified. It should, also, distinctly appear that he owed debts which had not been created in consequence of a defalcation as a public officer, or as an executor, &c. ; so as to bring him within the description of persons authorized to apply for the...

...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...

...were not traders, or quasi States, owing debts which shall not have been created in consequence ot a defalcation as a public officer, or as executor,...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...

...declared to apply to all persons whatsoever residing within the United States, who owed debts, not created in consequence of a defalcation as a public officer, or as executor, administrator, gnardian, or trustee, or while acting in any other fiduciary character,i and who should by petition...

...not a fiduciary, within the meaning of the bankrupt act of 1841. That act excepted debts which had been created in consequence of a defalcation as a...trustee, or while acting in any other fiduciary capacity. In this case, the defendant as a factor, had sold the cotton of the plaintiff, and had failed to pay...