Mahlon Pitney

“ Petitioners' claim against the partnership is based upon the drafts and checks as partnership obligations in contract, and also upon the damages sustained by reason of the fraudulent representations. The claims against the individual estates of the partners in terms demand only damages for the false representations, but are relied upon as showing also, by inference, an individual liability in quasi contact or equitable debt. ”

“ But as the basis of a liability of this character is the unjust enrichment of the debtor, and as the facts show that no benefit accrued to the individuals as a result of the frauds beyond that which accrued to the firm, the logical result of the argument is that out of one enrichment there may arise three separate and independent indebtednesses. ”

“ At the time of these transactions Le More was in Europe and Carriere in New Orleans, and neither of them participated in the particular transactions, although both were congnizant of them and responsible for the false representations. ”

“ It is not admissible to give to this amendment, confessedly designed to restrict the scope of a discharge in bankruptcy, the effect of enlarging the class of provable claims.
Aside from section 17 or the amendment thereof, it has been held by the federal courts generally that section 63 does not authorize the liquidation and proof of claims arising ex delicto and unaffected by contract express or implied. In re Hirschman (D. C.) 104 Fed. 69, 70, 71; In re Yates (D. C.) 114 Fed. 365, 367; In re Crescent Lumber Co. (D. C.) 154 Fed. 724, 727; In re Southern Steel Co. (D. C.) 183 Fed. ”