John Gleason v. Harry Thaw
Decision Date | 23 February 1915 |
Docket Number | No. 143,143 |
Citation | 236 U.S. 558,35 S.Ct. 287,59 L.Ed. 717 |
Parties | JOHN B. GLEASON, Petitioner, v. HARRY K. THAW |
Court | U.S. Supreme Court |
Mr. John B. Gleason, in propria persona, for petitioner.
Mr. William A. Stone for respondent.
The question for determination is whether the professional services of an attorney and counselor at law are property within the meaning of ¶2, § 17, of the bankrupt act (30 Stat. at L. 544, 550, chap. 541), as amended in 1903 (32 Stat. at L. 797, 798, chap. 487, Comp. Stat. 1913, §§ 9586, 9601), which excepts from the general release of a discharge 'liabilities for obtaining property by false pretenses or false representations.' The essential facts, in the words of the circuit court of appeals, are these:
The trial court, following Gleason v. Thaw, 34 L.R.A.(N.S.) 894, 107 C. C. A. 463, 185 Fed. 345, overruled the demurrer and dismissed the complaint; the appellate court, upon the same authority, affirmed the judgment (116 C. C. A. 179, 196 Fed. 359).
Gleason v. Thaw, supra, came before the circuit court of appeals for the third circuit upon a petition to review the final order of the district court staying an action brought by Gleason on the same indebtedness here involved, and presented the identical question of law now before us. The court answered it in the negative, and among other things, in an opinion by Judge Gray, said:
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