Maggio v. Zeitz, Trustee in Bankruptcy (333 U.S. 56)
U.S. Supreme Court · decided February 9, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 56 · 68 S. Ct. 401
- Docket
- No. 38
- Argued
- October 13, 1947
- Decided
- February 9, 1948
- Term
- October Term 1947
- Vote
- 7–2
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Reed, Justice Douglas, Justice Murphy, Justice R. H. Jackson (wrote), Justice Burton
- Concurring in the judgment
- Justice Frankfurter (wrote)
- Dissenting
- Justice Black (wrote), Justice Rutledge
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. Joseph Maggio, the petitioner, was president and manager of Luma Camera Service, Inc., which was adjudged bankrupt on April 23, 1942. In January of 1943 the trustee asked the court to direct Maggio to turn over a considerable amount of merchandise alleged to have been taken from the bankrupt concern in 1941, and still in Maggio’s possession or control. After hearing, the referee found that “the Trustee established by clear and convincing evidence that the merchandise hereinafter described, belonging to the estate of the bankrupt, was knowingly and fraudulently concealed by the respondent [Maggio] from the Trustee herein and that said merchandise is now in the possession or under the control of the respondent.” A turnover order issued and was affirmed by the District Court and then unanimously affirmed by the Circuit Court of Appeals, Second Circuit, without opinion other than citation of its own prior cases. Zeitz v. Maggio, 145 F. 2d 241. Petition for certiorari was denied by this Court. 324 U.S. 841. As Maggio failed to turn over the property or its proceeds, the Referee found him in contempt. After hearing, the District Court affirmed and ordered Maggio to be jailed until he complied or until further order of the court. Again the Circuit Court of Appeals affirmed. 157 F. 2d 951. But in affirming the Court said:…
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