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AETNA CASUALTY & SURETY CO. v. LAUERMAN

12 Wis.2d 387 (1961)

AETNA CASUALTY & SURETY COMPANY, Appellant, v. LAUERMAN, Respondent.

Supreme Court of Wisconsin.

February 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Everson, Whitney, O'Melia & Everson of Green Bay, and oral argument by James L. Everson.

For the respondent there was a brief and oral argument by E. B. Martineau of Marinette.

DIETERICH, J.

The issue on this appeal is whether the judgment entered in 1945, was based upon indebtedness created by the defalcation of the defendant while acting in a fiduciary capacity as administrator of the estate of Dan Roth, deceased. If it was, it was not discharged under the Federal Bankruptcy Act, and accordingly Lauerman is not entitled to have the judgment satisfied under sec. 270.91 (2), Stats., 11 USCA, Bankruptcy, p. 271, sec. 35, sub. (a) (4), which...

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