New York Court of Appeals

William C. H. Wood, Appellant v. Harvey E. Fisk, Respondents

June 1, 1915215 N.Y. 233

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's conversion action, holding that the repledge of the securities was not a conversion actionable under the law and that the bankruptcy discharge did not bar the claim because the claim was not an exception to discharge. The court reasoned that the plaintiff's cause of action arose from the wrongful repledge, which was provable in bankruptcy, but that the repledge did not constitute a willful and malicious injury within the statutory exception.