In re Parsons, 252.
| Decision Date | 01 March 1937 |
| Docket Number | No. 252.,252. |
| Citation | 88 F.2d 428 |
| Parties | In re PARSONS. |
| Court | U.S. Court of Appeals — Second Circuit |
Benjamin I. Shiverts, of New York City, for bankrupt-appellant.
James A. Davis, of New York City, for creditor-appellee.
Leon Quat, of New York City (James A. Davis, Leon Quat, and Frederic D. Dassori, all of New York City, of counsel), for trustee-appellee.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
This is an appeal from an order denying an application by a bankrupt for a discharge and sustaining the first, second, and fourth specifications. The special master summarized the specifications which he sustained as follows:
(1) That the bankrupt on November 4, 1933, concealed, transferred, and removed a one-tenth interest in the estate of his grandfather, with intent to hinder, delay, and defraud his creditors.
(2) That on or about November 4, 1933, the bankrupt transferred to his wife this property, and omitted said property from his schedules, and concealed the property from the trustee.
(4) That on January 2, 1934, the bankrupt made false oath, while being examined in the bankruptcy proceedings, by stating that he had made no transfer of any of his property.
On October 20, 1933, the creditor MacManus obtained a judgment for $12,201.61 in the New York Supreme Court, against John P. Parsons, the bankrupt herein, and on November 23, 1933, Parsons was adjudicated a bankrupt. On January 2, 1934, Marion F. Backus was appointed trustee of the bankrupt's estate and thereafter brought suit in the New York Supreme Court to recover property fraudulently transferred to the wife of the bankrupt which consisted of a portion of a remainder interest in his grandfather's estate, which interest the bankrupt is said to have transferred to his wife in order to hinder, delay, and defraud creditors. The suit was dismissed on the merits, and the judgment of dismissal was affirmed in the Appellate Division in Backus v. Parsons, 248 App.Div. 553, 288 N.Y.S. 1043.
It may be assumed, because of the motion granted by this court, for the diminution of the record, that the issues decided in the Supreme Court action are before us; that there was a binding decision in that case that the wife of the bankrupt became an owner of the remainder interest by deed dated February 3, 1931, recorded in the office of the register of deeds of Westchester county in Liber 3161 of Deeds, page 415, on July 10, 1931; that on July 6, 1931, both she and her husband executed a transfer of this interest to the Rye National Bank as security for a loan; that the bank held the remainder interest as security for the loan until the property was turned over to it by the trustees of the grandfather's estate; and that, after deducting the amount of its loan, the Rye National Bank assigned the balance to the wife, Catherine Parsons, by...
To continue reading
Request your trial
-
Robinson, In re
...will not depend upon whether in fact the falsehood has been detrimental to the creditors.'). See also In re Melnick, supra; In re Parsons, 88 F.2d 428 (2d Cir. 1951). Even though truthful responses to the questions propounded by the bank's counsel would not have increased the value of the b......
-
Willoughby v. Jamison
...Slocum, 2 Cir., 22 F.2d 282; Wattenmaker v. United States, 3 Cir., 34 F.2d 741; Newman v. United States, 9 Cir., 58 F.2d 751; In re Parsons, 2 Cir., 88 F.2d 428; Ulmer v. United States, 6 Cir., 219 F. 641, and In re Perel, D.C.Tex., 51 F.2d 506, in that the inquiry did not pertain to the hi......
- National Silver Co. v. Federal Trade Commission, 199.
-
Keeble v. Sulmeyer
...his petition in bankruptcy that the deed of trust would be invalidated due to the late recording of the deed of trust. In re Parsons, 2 Cir., 1937, 88 F.2d 428, held that a bankrupt had a duty to disclose a quit claim deed to his wife, even though it was shown that her legal title had becom......