In re Christensen’s Empirical Analysis

Citation profile

1 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Some of the creditors who had thus innocently secured preferences by receiving payments on their accounts thereafter in good faith gave the debtor further credit, without security, for property which became a part of the debtor’s estate, and such new credits remained unpaid at the time of the adjudication in bankruptcy. The question in this connection is whether shch a creditor is entitled to have his new credit set oft' against the preference which he is called upon to surrender as a condition to the allowance of his claims. Clause ‘b’ of section 60 of the bankrupt act of 1898 provides that, if a preference is received with reasonable cause on the part of the creditor or his agent acting in the matter to believe that it was intended as a preference, it shall be voidable by the trustee, who may, under such circumstances, maintain an action to recover the property or its value. Clause ‘c’ of the same section provides that if a creditor has been preferred, and afterwards in good faith gives the debtor further credit, without sequrity, for property which becomes a part of the debtor’s estate, the amount of the new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recoverable from him. The rule in respect of a preference innocently received, without reasonable cause for belief that a preference was intended, is that an affirmative action for its recovery cannot be maintained by the trustee, but the cr”

   1 later decision quote this exact passage
   e.g. In re Southern Overalls Mfg. Co.