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← 103 F.1d 919 - Stearns v. Flick

Stearns v. Flick’s Empirical Analysis

103 F. 919 · 1900

Citation profile

4
cited by 4 later decisions
April 1911
most recently cited

4 district ·

Relationships

Relies on In re Smith · In re Wright

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

  1. ““There is no authority at law for granting this .allowance. Section 64b, subsec. 1, expressly prohibits it. In re Giblom, 2 Nat. Bankr. N. 60. The conclusion is reached that an allowance to an assignee under a general assignment for services rendered as custodian of the property prior to the filing of the petition in bankruptcy, even though it have the appearance of being rendered for the benefit of the genefal creditors, is not permitted by the bankruptcy act, ánd ought not to be allowed.””
    1 later decision quote this exact passage · from the majority
  2. “"a claim by an assignee under the state Insolvency laws for his compensation and expenditures in administering the estate prior to the filing of a petition in bankruptcy against the assignor was not a provable debt of the bankrupt, not having been incurred by him, but by the assignee himself in an attempt to prevent the administration of the estate in the bankruptcy courts; and that it was immaterial that he acted in good faith, and in conformity to the insolvency laws of the state.””
    1 later decision quote this exact passage
  3. ““No equity can arise, therefore, in favor of the assignee, which would entitle him to compensation for services rendered * * * in an attempt to defeat the operation of the bankrupt law.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.