In re McCarty

Decision Date26 October 1901
Citation111 F. 151
PartiesIn re McCARTY.
CourtU.S. District Court — Northern District of Illinois

George B. Foster, for objector.

H. S. Miller, for bankrupt.

HUMPHREY, District Judge.

McCarty was adjudged a bankrupt April 23 1901. The only liability scheduled and the only claim proven is a judgment recovered by William Sheehy against the bankrupt at the March term, 1896, of the circuit court of Peoria county for the loss of the services occasioned by the seduction of the daughter of the said William Sheehy by the said bankrupt, the same being an action of trespass on the case; judgment, interest, and costs amounting to the sum of $3,400. The bankrupt petitioned for his discharge May 13, 1901, and the referee reported May 28, 1901, that he was entitled to his discharge. The objector, William Sheehy, on the 1st day of June, 1901, filed his objections to the discharge, his contention being that the bankrupt is not entitled to be discharged from the debt in question under the second clause of section 17 of the bankrupt law, which provides that a discharge in bankruptcy shall release a bankrupt from all his debts except such as are judgments in actions * * * for willful and malicious injury to the person or property of another; and the objector contends that the injury complained of was willfully and maliciously committed against the person of him, the objector. When a bankrupt files his application for discharge, the only facts pleadable in opposition thereto are the causes mentioned in section 14 of the act. Unless the bankrupt has committed some one of the offenses described therein, the court must discharge him. Section 17 of the bankrupt law reaches further, but it does not control this case. The right to a discharge and the effect of a discharge are entirely distinct propositions. Section 14 fixes the right to a discharge. Section 17 goes to the effect of a discharge. The question before the court is as to the right of the bankrupt to his discharge. The other question-- the effect of such discharge if, in the nature, it shall be pleaded in bar of the collection of the judgment in question-- will arise in the proper tribunal where such collection is sought to be enforced. In re Marshall Paper Co., 43 C.C.A. 38, 102 F. 872.

The exceptions to the report of the referee are not sustained. The report is approved, and the discharge will be granted.

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8 cases
  • In re Wright, Bankruptcy No. 79-03567
    • United States
    • U.S. Bankruptcy Court — Northern District of Alabama
    • November 13, 1980
    ...Madden, 257 F. 581 (D.N.J.1919); In re Weisberg, 253 F. 833 (E.D.Mich.1918); In re Boardway, 248 F. 364 (N.D.N.Y.1918); In re McCarty, 111 F. 151 (N.D.Ill.1901); In re Mussy, 99 F. 71 (D.Mass.1900); In re Rhutassel, 96 F. 597 (N.D.Iowa 1899); In re Carmichael, 96 F. 594 (N.D.Iowa 1899); In ......
  • In re Levitan
    • United States
    • U.S. District Court — District of New Jersey
    • July 7, 1915
    ... ... a discharge, if granted to the bankrupt, will release this ... judgment, cannot be finally determined in these proceedings ... In re Mussey (D.C.) 99 F. 71, 3 Am.Bankr.Rep. 592; ... In re Marshall Paper Co., 102 F. 872-874, 43 C.C.A ... 38, 4 Am.Bankr.Rep. 468; In re McCarty (D.C.) 111 F ... 151, 7 Am.Bankr.Rep. 40; In re Claff (D.C.) 111 F ... 506, 7 Am.Bankr.Rep. 128. At this time it is sufficient to ... say that on the record before this court the judgment ... creditor has not shown that a discharge, if granted, will not ... release such liability ... ...
  • Hardie v. Swafford Bros. Dry Goods Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 1, 1908
    ...Stat. 797 (U.S. Comp. St. Supp. 1907, p. 1026). The right to a discharge is distinct from the effect of a discharge. In re McCarty (D.C.) 7 Am.Bankr.Rep. 40, 111 F. 151; In re Marshall Paper Co., 4 Am.Bankr.Rep. 468, F. 872, 43 C.C.A. 38. 'It was held under the act of 1867, which in section......
  • In re Lockwood
    • United States
    • U.S. District Court — Eastern District of New York
    • February 28, 1917
    ... ... enforced consent, based upon a claimed estoppel, had a ... voluntary reference or moot court determination as to the ... nature of the creditor's debt. In re Blumberg ... (D.C.) 94 F. at page 481 ... A ... number of cases such as In re McCarty (D.C.) 111 F ... 151, In re Marshall Paper Co., 102 F. 872, 43 C.C.A ... 38, In re Mussey (D.C.) 99 F. 71, In re ... Blumberg, supra, and Friend v. Talcott, 228 U.S. 27, 33 ... Sup.Ct. 505, 57 L.Ed. 718, have been cited, from which it ... sufficiently appears that the scope of the discharge, ... ...
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