Legal Opinion

In re Marcus

Court of Appeals for the Second Circuit

Decided February 10, 1913No. 165PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. In the matter of bankruptcy proceedings of Morris Marcus. From an order granting the bankrupt a discharge (192 Fed. 743), Thomas F. Molloy and another, as administrators, and certain other creditors, appeal.

1Per curiam

There were three specifications of objection to discharge.

[1] 1. It was contended that Marcus had within four months prior to bankruptcy paid $4,500 to his wife, who had thereafter given $1,250 of that sum to the bankrupt to enable him to go to Europe and see friends there, with a view to obtaining further capital to put into the business. The special master held that, so far as the evidence showed, the payment to the wife was for borrowed money due to her; and that, although the payment might have been preferential, it did not constitute a transfer or concealment with intent to hinder,…

2Cited by7 opinions

  1. Rutter v. General Motors Acceptance CorporationCourt of Appeals for the Tenth Circuit · 1934
  2. Feder v. GoetzCourt of Appeals for the Second Circuit · 1920
  3. Goodwine v. LaneCourt of Appeals for the Seventh Circuit · 1924
  4. In re GouldDistrict Court, D. Connecticut · 1939
  5. Gould v. J. W. Butler Paper Co.Court of Appeals for the Seventh Circuit · 1921

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