In re Caponigri
District Court, S.D. New York
In the matter of Pasquale Caponigri, bankrupt. On petition to review an order disallowing a claim of the United States. Petition to review an order of a referee disallowing the claim in bankruptcy of the United States upon a judgment against bail who had given a criminal recognizance. Hardt had been indicted for stealing funds of an estate in bankruptcy of which he was trustee. Caponigri became his bail under a recognizance.
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In the matter of Pasquale Caponigri, bankrupt. On petition to review an order disallowing a claim of the United States. Petition to review an order of a referee disallowing the claim in bankruptcy of the United States upon a judgment against bail who had given a criminal recognizance. Hardt had been indicted for stealing funds of an estate in bankruptcy of which he was trustee. Caponigri became his bail under a recognizance. Hardt absconded, and the United States took judgment against Caponigri, who subsequently became a bankrupt. The United States seeks to prove the judgment against…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). [1] The position of the United States seems to me verbal in logic, unjust in result. It is verbal, because the recovery on a recognizance for bail is essentially the recovery of a penalty, and is a forfeiture. In substance, an obligation is penal when its amount is measured neither by the obligee’s loss nor by the valuation placed by him upon what he has given in exchange. Here .the recognizance was clearly of that sort. The sum was fixed at so much that its prospective loss would presumably coerce the defendant to appear or the bail to produce him. It had,…
2Cases cited2 opinions
- In re BrittinghamDistrict Court, S.D. New York · 1880
- United States v. FanjulU.S. Circuit Court for the District of Massachusetts · 1866
3Cited by14 opinions
- In Re: Gi Nam City of Philadelphia v. Gi Nam Marvin Krasny, Chapter 7 Trustee Frederic Baker, Assistant U. S. Trustee, Trustees City of PhiladelphiaCourt of Appeals for the Third Circuit · 2001
- United States v. FeinblattDistrict Court, D. Maryland · 1975
- In the Matter of Unified Control Systems, Inc., Bankrupt. James S. Mahon, Trustee in Bankruptcy v. United States Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1978
- Pioneer General Insurance Co. v. Midkiff (In Re Midkiff)United States Bankruptcy Court, D. Colorado · 1988
- Erlin Manor Nursing Home, Inc. v. Rate Setting CommissionUnited States Bankruptcy Court, D. Massachusetts · 1984
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