Lee v. Tarplin
| Decision Date | 04 January 1907 |
| Citation | 79 N.E. 786,194 Mass. 47 |
| Parties | LEE v. TARPLIN et ux. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Danl.
B. Beard, for appellants.
Edwd. F. McClennan, Harrison F. Lyman, and Brandeis, Dunbar & Nutter, for appellee.
This is an appeal from a decree reaching and applying toward the payment of a judgment debt due from the defendant Samuel Tarplin to the plaintiff, a certain parcel of land the record title to which stands in the name of the defendant Annie L. Tarplin, the wife of Samuel. The evidence not being reported, the only question is whether the facts found by the trial judge and reported to this court under the statute will support the decree.
Upon an inspection of these facts there can be but one answer. It is perfectly clear that the original liability of Samuel Tarplin was for obtaining property by false representations, and it is equally clear that under the bankruptcy statutes the judgment founded thereon is also to be regarded as such a liability. Lowell on Bankruptcy, § 435, and cases cited; Warner v. Cronkite, Fed. Cas. No. 17,180; In re Whitehouse, Fed. Cas. No. 17,564; In re Patterson, Fed. Cas. No. 10,817. The debtor therefor was not released from it by his discharge in bankruptcy. Bankr. Act U.S. July 1, 1898, c. 541, § 17a(2), 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], as amended by Act Feb. 5, 1903, c. 487, § 5, 32 Stat. 798 [U. S. Comp. St. Supp. 1905, p. 684].
It is also clear that the real estate described in the decree is held by Annie in fraud of the creditors of her husband Samuel. The facts support the decree. The plaintiff moves for double costs, and, in view of the frivolous nature of the appeal, the motion is granted. The interlocutory and final decrees are both affirmed, with double costs; and it is
So ordered.
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Nat'l Shawmut Bank of Boston v. Johnson
...bankruptcy. Morse v. Hutchins, 102 Mass. 439;Turner v. Atwood, 124 Mass. 411;Merchants' Ins. Co. v. Abbott, 131 Mass. 397;Lee v. Tarplin, 194 Mass. 47, 79 N.E. 786;Bullis v. O'Beirne, 195 U.S. 606,25 S.Ct. 718,49 L.Ed. 340;Friend v. Talcott, 228 U.S. 27, 33 S.Ct. 505, 57 L.Ed. 718;Personal ......
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National Shawmut Bank of Boston v. Johnson
...in bankruptcy. Morse v. Hutchins, 102 Mass. 439 . Turner v. Atwood, 124 Mass. 411 . Merchants' Ins. Co. v. Abbott, 131 Mass. 397 . Lee v. Tarplin, 194 Mass. 47 . Bullis O'Beirne, 195 U.S. 606. Friend v. Talcott, 228 U.S. 27. Personal Finance Co. v. Martinez, 115 F.2d 226. Morris Plan Indust......
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Strauch v. Flynn
...held that a judgment on a note alleged to have been obtained by fraud was a debt proceeding under the bankruptcy act. So in Lee v. Tarplin, 194 Mass. 47, 79 N. E. 786 it was said: ‘The original liability [on a judgment] was for obtaining property under false pretenses.’ In a number of other......
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