In re Eggert’s Empirical Analysis

Citation profile

22 federal appellate · 25 district · 1 state decisions

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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If facts and circumstances with respect to the debtor’s financial condition are brought home to him, such as would put an ordinarily prudent man upon inquiry, the creditor is chargeable with knowledge of the facts which such inquiry should reasonably be expected to disclose.””

   4 later decisions quote this exact passage
   e.g. In re Armstrong · Hamilton Nat. Bank of Chicago v. Balcomb

2. ““It is not enough that a creditor has some canse to suspect the Insolvency of his debtor; but he must have such a knowledge of facts as to induce a reasonable belief of his debtor’s insolvency, in order to invalidate a security taken for his debt. To make mere suspicion a ground of nullity in such a case would render the business transactions of the community altogether too insecure. It was never the intention of the framers of the act to establish any such rule. A man may have many grounds of suspicion that his debtor is in failing circumstances, and yet have no cause for a well-grounded belief of the fact. He may be unwilling to trust him further. He may feel anxious about his claim, and have a strong desire to secure it, and yet such belief as the act requires may be wanting. Obtaining additional security, or receiving payment of a debt, under such .circumstances, is not prohibited by the law. Receiving payment is put in the same category in the section referred to, as receiving security. Hundreds of men constantly continue to' make payments up to the very eve of their failure, which it would be very unjust and disastrous to set aside, and yet this could be done in a large proportion of casos if mere grounds of suspicion of their solvency were sufficient for the purpose. It is on this distinction that the present case turns. It cannot be denied that the officers of the bank had become distrustful of Miller’s ability to bring his affairs to a successful termination, and yet”

   3 later decisions quote this exact passage
   e.g. Turner v. Fisher · Getts v. Janesville Wholesale Grocery Co.

3. ““See. GOa. Preferred creditors. A person shall be deemed to have given .a preference if, being insolvent, lie 1ms, within four months before the filing of the petition, or after filing the petition, and before the adjudication, * * * made a transfer of any of Ills property, and the effect of tile enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. ® * *” Act July 1, 1898, c. 541, 30 Stat. 5G2 [U. S. Comp. St. 1001, p. 84151. “Sec. GOb. If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to l_>e benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by .the trustee, and he may recover the property or Its value from such person.” “Sec. G7e. That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this act subsequent to the passage of this act, and within four months prior to the filing of the petition, with the intent and purpose on liis part to hinder, delay, or defraud liis creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in goo”

   2 later decisions quote this exact passage
   e.g. Morgan v. First Nat. Bank of Mannington · Hamilton Nat. Bank of Chicago v. Balcomb