Morrison Waite

“ This gives us jurisdiction, since the exemption depends on the construction and effect of section 5117, which provides that 'no debt created by the fraud * * * of the bankrupt, or * * * while acting in any fiduciary character, shall be discharged by proceedings in bankruptcy.' As the affidavit of Hussey set forth the date of the adjudication in bankruptcy, and the date of discharge, the question of delay in making an application, and the construction and effect of section 5108, may also, perhaps, have been raised on the record. ”

“ Upon the facts set forth in the affidavit of Hussey, which are not denied in t e counter-affidavit of the attorney of Palmer, and upon the facts as they appear in the record of the judgment to be enjoined, it is clear that, under the ruling of this court in Hennequin v. Clews, 111 U.S. 677, S.C.. 4 Sup. Ct. Rep. 576, there was no such fraud in the creation of the debt, and no such trust in respect to the possession of the bonds by Hussey, as to bar the operation of the discharge. ”

“ These bonds we hold subject to the order of A. L. Palmer, at ten days' notice, agreeing to collect the coupons for his account free of charge, and to allow him 2 per cent. per annum interest on the par value of said bonds, said interest to commence and count June 1, 1866. Interest on the 7 3-10 per cent. bonds payable June and December 15th ”