In re Caponigri
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. Proceeding in the matter of Maria E. Caponigri, bankrupt. On petition by Walter Cook, Jr., as trustee, to revise an order denying a motion to confirm the report of a special master, and relieving the purchaser at public auction of the right, title, and interest of the bankrupt in certain property in the borough of Brooklyn, city of New York.
1Per curiam
The terms of sale stated quite plainly that it was only the “right, title, and interest of the trustee” which was being sold. But after they were read, and after some discussion as to which of two parcels it was which was incumbered by a mortgage, the purchaser, before the parcel now in question was struck down to him, asked the trustee what he was then selling, and was told it was “a lot on Twenty-First street.” Long before the bankruptcy the bankrupt had conveyed these premises to one Francesco Marino, by wafranty deed recorded in 1903. In view of these circumstances we concur with Judge…
2Cited by3 opinions
- In the Matter of Gravure Paper & Board Corp., Bankrupt. David J. RosenCourt of Appeals for the Third Circuit · 1956
- In Re Little & Ives Co.District Court, S.D. New York · 1966
- Knappenburg v. RowanCourt of Appeals for the Second Circuit · 1919