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Tindle v. Birkett, 205 U.S. 183 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Tindle v. Birkett, 205 U.S. 183 (1907)
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Tindle v. Birkett No. 217 Argued February 28, 1907 Decided March 25, 1907 205 U.S. 183
ERROR TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
Where a claim is founded upon an open account or upon a contract, express or implied, and can be proved under § 63a of the Bankruptcy Act, if the claimant chooses to waive the tort and take his place with the other creditors, the claim is one provable under the act and barred by the discharge. The words in the fourth subdivision of § 17, "while acting as an officer, or in any fiduciary capacity," extend to "fraud, embezzlement, misappropriation," as well as "defalcation." Crawford v. Burke, 195 U.S. 176.
13 N.Y. 267 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Tindle v. Birkett, 205 U.S. 183 (1907) in 205 U.S. 183 205 U.S. 184. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=D3X714X3Z2XIUIV.
MLA: U.S. Supreme Court. "Syllabus." Tindle v. Birkett, 205 U.S. 183 (1907), in 205 U.S. 183, page 205 U.S. 184. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=D3X714X3Z2XIUIV.
Harvard: U.S. Supreme Court, 'Syllabus' in Tindle v. Birkett, 205 U.S. 183 (1907). cited in 1907, 205 U.S. 183, pp.205 U.S. 184. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=D3X714X3Z2XIUIV.
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