Rosenblum v. Marinello
| Decision Date | 19 February 1943 |
| Docket Number | No. 184.,184. |
| Citation | 133 F.2d 674 |
| Parties | ROSENBLUM v. MARINELLO. |
| Court | U.S. Court of Appeals — Second Circuit |
Harold D. Toomey, of Mt. Vernon, N. Y. (Frank H. Connelly, Jr., of Mt. Vernon, N. Y., of counsel), for appellant.
Ivan S. Skura, of White Plains, N. Y., for appellee.
Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
Following an accident on July 7, 1940, in which an automobile driven by the bankrupt was involved, he was threatened with personal injury actions.He then had on deposit in a savings bank account the sum of $3,274.93, the accumulation of some eighteen years of saving.Between July 16th and 29th, 1940, he drew out this entire sum and admits that his purpose in doing so was to prevent its being reached by Patsy Luonga, a passenger in his automobile who was injured in the accident.Luonga's action was started August 15, 1940 and judgment was recovered against the bankrupt on March 7, 1942.On the same date two other persons injured in the accident also obtained judgments against him.After the judgments were recovered he was examined in supplementary proceedings and was jailed on a body execution.The following day, March 19, 1942, he filed a voluntary petition in bankruptcy, scheduling no assets and listing the three judgment creditors as his only creditors.Thereafter a trustee in bankruptcy was appointed and the present proceeding was initiated before the referee to compel the bankrupt to turn over the money withdrawn from his savings account in July, 1940.The bankrupt, his wife and his brother were called as witnesses by the trustee.Their story was that the bankrupt had lost large sums in gambling and had spent the rest of the money before the judgments were recovered.The referee did not...
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