WAYNE CREAMERY v. CLEMENTS

Docket No. 3,954.

14 Mich. App. 50 (1968)

165 N.W.2d 508

WAYNE CREAMERY v. CLEMENTS

Michigan Court of Appeals.

Rehearing denied November 28, 1968.


Attorney(s) appearing for the Case

Leo Papp, for plaintiff.

Berry, Hopson, Francis & Mack, for defendant.


LEVIN, J.

The defendant, Eugene E. Clements, was adjudicated a bankrupt and received a discharge of his debts. The plaintiff, Wayne Creamery, brought this action claiming the defendant's pre-bankruptcy indebtedness to the plaintiff was not released by the discharge. The plaintiff relies on the exception for debts created by the bankrupt's "fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity." Section 17(a)(4...

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