Tindle v. Birkett,
205 U.S. 183 (1907)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Tindle v. Birkett, 205 U.S. 183 (1907)

Tindle v. Birkett

No. 217

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.

Page 205 U. S. 184

The facts are stated in the opinion.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.