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Myers v. International Trust Co., 263 U.S. 64 (1923)

Myers v. International Trust Company

No. 89

Argued October 18, 1923

Decided November 12, 1923

263 U.S. 64


A judgment in bankruptcy confirming a composition over a creditor's objection based on the allegation that the bankrupts had obtained credit by a false statement of their financial condition is not res judicata as to the creditor's cause of action against the bankrupts for the same alleged deceit, but estops the creditor as to the issue of falsity where this was not only raised, but actually decided against him, in the bankruptcy proceedings. Cromwell v. Sac County, 94 U. S. 351; Friend v. Talcott, 228 U. S. 27. P. 263 U. S. 70.

241 Mass. 509 reversed.

Certiorari to a judgment of the Superior Court of Massachusetts, entered on a rescript from the Supreme Judicial Court, and enforcing a verdict, recovered by the present respondent, in a suit against the petitioners for damages for deceit.

Page 263 U. S. 68

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