defalcation
Defined in 8 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Anderson (1889), Bouvier (1839)
Definitions from Case Law
From 569 U.S. 267 - Bullock v. BankChampaign, N. A. · 2013Most cited · 45 citing opinions
a scienter requirement and, if so, what kind of scienter it requires.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The act of a defaulter. Embezzlement or misappropriation of public, or trust funds. The reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Tbe act of a defaulter. The reduction of the claim of one of the contracting parties against tbe other, by deducting from it a smaller claim due from the former to the latter. The law operates this reduction In certain cases; for, if the parties die or are insolvent, the balance between them is the only claim; but if they are solvent and alive, the defendant may or may not defalcate at his choice. See Set-Off. For the etymology of this world, see Brackenbridge, Law Misc. 186. Defalcation was unknown at common law; Com. v. Clarkson, 1 Rawle (Pa.) 291.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
Henry Campbell Black · 1891
The act of a defaulter; misappropriation of trust funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. Also set-off. The diminution of a debt or claim by deducting from it a smaller claim held by the debtor or payor.
A Dictionary of Law
William C. Anderson · 1889
^ 1. Eeduction of a claim by allowance of a counter-claim. Setting off another account or another contract.* Defalcation was unknown at common law, according to which mutual debts were distinct and inextinguishable except by actual payment or release.^ See Eecoup; Set-off. " Defalcate " is the verb; " defalk " is obsolete." 2. Misappropriation of trust funds — by a public or corporate officer. Defaulter. One whose peculations have brought him within the cognizance of the law, to the extent, at least, of excluding him from a public trust. To apply the epithet to a person who is free from that stigma is defamatory.'
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
practice, contracts. Is the reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from the former to the latter. The law operates this reduction, for, if the parties die or are insolvent, the balance between them is the only word, see Bracken. Law Misc. 186; 1 Rawle’s R. 291; 3 Binn. R. 135.