In re Jones’s Empirical Analysis

Citation profile

3 federal appellate · 3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is perfectly apparent what tte general scheme of the bankruptcy act contemplates, with regard to partnership assets, namely, that they shall be in good faith applied first to the payment of partnership debts; therefore any scheme or device resorted to, by persons in contemplation of bankruptcy, for the purpose of charging partnership assets with the individual liabilities of the partners, is, in substance and effect, violative of the provisions of the act, and, inasmuch as the court is required to so marshal partnership assets as to secure the equitable distribution of the property of the several estates, it is clear that the court must brush away all these attempts at evasion and hold the parties to' the requirements of the bankruptcy act, administered broadly and equitably to accomplish the objects intended by it. The scheme resorted to, as shown in the statement of this ease, by the bankrupts to foist upon the partnership assets the payment of their individual liabilities, was at least devised for an inequitable purpose within the purview of the bankruptcy act. The physical and undisputed facts surrounding the case are also, in my opinion, sufficient to stamp the transaction as fraudulent within the meaning of the bankruptcy act.””

   1 later decision quote this exact passage · from the majority
   e.g. Blake v. Sargent

2. “‘'Moreover, section 5g of the bankruptcy act was ini ended to clear up the whole matter, and to permit the court to deal with conversions of this kind so as not only to prevent preferences in the technical meaning of that word, but also so as'to secure the equitable distribution of the property of the several esi ates.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Terens