Henry Billings Brown

Name: Crawford v. Burke — Opinion of the Court
Author: Henry Billings Brown

Crawford v. Burke — Opinion of the Court

Summary

“Crawford v. Burke — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as fraud, discharge and bankruptcy.

Quotes from Crawford v. Burke — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ If a creditor has a claim against a debtor for goods sold which would ordinarily be covered by a discharge in bankruptcy, he is strongly tempted to allege, and if possible to prove, that the goods were purchased under a misrepresentation of the assets of the buyer, and thus to make out a claim for fraud which would not be discharged in bankruptcy. ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ We are, therefore, of opinion that if a debt originates or is "founded upon an open account or upon a contract, express or implied," it is provable against the bankrupt's estate, though the creditor may elect to bring his action in trover, as for a fraudulent conversion, instead of in assumpsit, for a balance due upon an open account. It certainly could not have been the intention of Congress to extend the operation of the discharge under § 17 to debts that were not provable under § 63a. ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ Why an ordinary claim for fraud should be released by the discharge, while a judgment for fraud is not released, is not altogether clear, although this distinction may have been created to avoid the necessity of going into conflicting evidence upon the subject of fraud ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ The question whether the claim thus set forth is barred by the discharge depends upon the proper construction of § 17, which declares that the discharge in bankruptcy relieves the bankrupt from all of his "provable debts," except such as ". . . (2) are judgment in actions for frauds, or obtaining property by false pretenses, or false representations, or for wilful and malicious injuries to the person or property of another, . . . or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer, or in any fiduciary capacity." ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ Lambert, 69 N. J. L. 487, 55 Atl. 88, the defendant pleaded to an action on a book account his discharge in bankruptcy, to which the plaintiff replied that the cause of action was created by the fraud of the defendant. The supreme court of New Jersey held the replication to be insufficient. "We think," said the court, "that under § 17 of the bankrupt law, to which reference has been made, there is no provision that would except from the discharge the debt upon which the present suit is brought." ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ If any debt created by fraud, embezzlement, or misappropriation is to be excepted from the application of the statute, then there is no necessity of subd. 2, making a judgment essential to prevent the granting of the discharge under the statute. ”

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Source: Wikisource

Henry Billings Brown, Crawford v. Burke — Opinion of the Court

“ He did not elect to do this, however, but brought an action of trover, setting up a fraudulent conversion of his property by defendants. In the first five counts of his declaration he charges a fraudulent conversion of his interest in the stock, and, in the last five counts, that the defendants had induced him to make further payments on such stock in the way of margins, by false and fraudulent representations. ”

Henry Billings Brown

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