United States v. Phillips
District Court, S.D. New York
Indictment of one Phillips tinder Bankruptcy Act July 1, 1898, c. 541, § 29b (1), 30 Stat. 554 (U. S. Comp. St. 1901, p. 3433), charging that, while a bankrupt, he knowingly concealed from his trustee eight parcels of pearls of the value of $2,800. On motion to quash and plea in bar and replication thereto.
1Opinion of the Court
HOUGH, District Judge.
The matters intended to be raised by this plea and motion are two: (1) That by reason of certain matters occurring in what is called in bankruptcy a “turnover proceeding,” Phillips became vested with title to whatever he might have been concealing at a time more than one year before the finding of this indictment. (2) And that even without such turnover proceeding the prosecution is barred by the one-year limitation contained in the Bankruptcy Act itself.
As a matter of pleading I doubt whether the defendant can at present prevail on his plea. A plea in bar raises new…
2Cases cited4 opinions
- United States v. KisselSupreme Court of the United States · 1910
- United States v. IrvineSupreme Court of the United States · 1879
- Sturz v. FischerNew York Supreme Court · 1896
- Jurgens v. SudenAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- United States v. FraidinDistrict Court, D. Maryland · 1945
- Block v. United StatesCourt of Appeals for the Second Circuit · 1925
- Simpson v. General Exchange Ins. Corp.Supreme Court of South Carolina · 1930