In re Caponigri

• Decision Date: 14 November 1910
• Docket Number: 25.
• Citation: 183 F. 307
• Parties: In re CAPONIGRI.
• Court: U.S. Court of Appeals — Second Circuit

183 F. 307

In re CAPONIGRI.

No. 25.

United States Court of Appeals, Second Circuit.

November 14, 1910

This cause comes here upon a petition to review in matter of law as provided in Act July 1, 1898, c. 541, Sec. 24b, 30 Stat 553 (U.S. Comp. St. 1901, p. 3432), an order made by the District Court, sitting in bankruptcy, confirming the report of a referee sitting as special master. The petitioner instituted this proceeding for the purpose of establishing its ownership of a specific fund of $5,000 (or the balance thereof still remaining). The special master wrote an elaborate opinion, reaching the conclusion, on several different grounds, that petitioner was not the owner of the fund. The District Judge 'entirely concurred with the referee's report' and confirmed the same.

Charles L. Hoffman (H. A. Friedman, of counsel), for petitioner.

W. T Hope, for respondent.

Masten & Nichols, for trustee.

Before LACOMBE, COXE, and WARD, Circuit Judges.

LACOMBE Circuit Judge (after stating the facts as above).

Caponigri the bankrupt, became a depositor in the Northern Bank on November 26, 1907, and continued to deposit and draw until January 13th, when the account was balanced showing a credit in his favor of $789.46. The contention of the bank is that on December 27, 1907, Caponigri drew a check on said bank to the order of the comptroller of the city of New York and requested the bank to certify the same; that, in order to induce its officers to certify, he stated that he was about to make a bid to the department of street cleaning for a contract for trimming and unloading scows, and that he would have to deposit with his bid a certified check for $5,000; that such check (or the money it represented) would not be kept by the comptroller unless the bid were accepted, but that in the event of a rejection of the bid the same would be returned to the bidder; that Caponigri further stated and represented and agreed with the bank that, in the event of the rejection of his bid for the contract above referred to, he would return to the said bank the said certified check (or its proceeds); that these statements and representations of Caponigri were false and untrue, and known to him to be so, and that on December 30th, the bank paid the check to the comptroller. The bid was rejected, and the proceeds remained with the comptroller until, after the initiation of bankruptcy proceedings, they were paid over to the...