MAGINNIS v. SIMMONS

No. 33117.

47 Wn.2d 19 (1955)

286 P.2d 102

ALBERTA JOSEPHINE MAGINNIS, Respondent, v. THORWALD CHRISTIAN SIMMONS, JR., et al., Appellants.

The Supreme Court of Washington, Department One.

July 21, 1955.


Attorney(s) appearing for the Case

A.J. Hutton, for appellants.

Glenn E. Correa, for respondent.


FINLEY, J.

This is a lawsuit to collect a promissory note. The makers contend that the action is barred by a discharge in bankruptcy. The payee's assignee contends to the contrary; in other words, that the debt (evidenced by the note) arose out of fraudulent conduct of the makers while acting in a fiduciary capacity; that, under the circumstances, a specific exemption of the bankruptcy act is applicable, and that the bankruptcy of the makers and the discharge...

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