Tindle v. Birkett, 205 U.S. 183 (1907)
U.S. Supreme CourtTindle v. Birkett, 205 U.S. 183 (1907)
Tindle v. Birkett
Argued February 28, 1907
Decided March 25, 1907
205 U.S. 183
Where a claim is founded upon an open account or upon a contract, express or implied, and can be proved under § 63a of the Bankruptcy Act, if the claimant chooses to waive the tort and take his place with the other creditors, the claim is one provable under the act and barred by the discharge. The words in the fourth subdivision of § 17, "while acting as an officer, or in any fiduciary capacity," extend to "fraud, embezzlement, misappropriation," as well as "defalcation." Crawford v. Burke, 195 U. S. 176.
13 N.Y. 267 affirmed.
The facts are stated in the opinion.