ADAMS ET AL.

v.

GREAT LAKES UTILITIES CORP. ET AL.

Citator

Cited By

• Carey Lumber Co. v. Bell, 615 F.2d 370 (5th Cir. 1980)
  …e. The argument has no support either in the statute or in the cases applying it. In the leading case of Central Hanover Bank & Trust Co. v. Herbst, 93 F. 2d 510 (2d Cir. 1937), and again in In re Hammond, 98 F. 2d 703 (2d Cir. 1938), cert. denied, 305 U.S. 646, 59 S.Ct. 149, 83 L.Ed. 418 (1939), the Second Circuit rejected the contention that a holding of nondischargeability under section 17(a)(4) must be predicated on a finding of intentional wrongdoing by the bankrupt. In Herbst a foreclosure receiver h…
• Am. Serv. Co. v. Henderson, 120 F.2d 525 (4th Cir. 1941)
  …riations of fiduciaries. See Davis v. Aetna Acceptance Co., 1934, 293 U.S. 328, 332, 55 S.Ct. 151, 79 L.Ed. 393; also, (1935) 21 Va.L.Rev. 444. Cf. In re Hammond, 2 Cir., 1938, 98 F. 2d 703, 705 certiorari denied, Hammond v. Irving Trust Co., 1938, 305 U.S. 646, 59 S.Ct. 149, 83 L.Ed. 418. Nevertheless, as we have already indicated, we are of the opinion that section 17(2) and (4) is not to be read in connection with section 77B and that a general discharge in a reorganization proceeding will bar claims…
• John P. Maguire & Co., Inc. v. Herzog, 421 F.2d 419 (5th Cir. 1970)
  …ransferred assets to himself and his son, another officer, to liquidate their own claims against the corporation, was guilty of misappropriation under § 17(a) (4); In re Hammond, 98 F. 2d 703 (2nd Cir., 1938), cert. den, Hammond v. Irving Trust Co., 305 U.S. 646, 59 S.Ct. 149, 83 L.Ed. 418 (1938), where a corporate director’s purchase and sale of stock which the corporation had contracted to purchase was a misappropriation within § 17(a) (4); Tatum v. Leigh, 136 Ga. 791, 72 S.E. 236 (1911), holding that off…