In re Gillette’s Empirical Analysis

Citation profile

5 federal appellate · 10 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was held by this court in an unreported case, where the facts showed that a preference was obtained by a judgment creditor, that, the preference so obtained not being a fraudulent one, the creditor was not estopped from filing the petition. The judgment creditor did, however, by its preference, obtain a greater percentage of his debt than any other creditor; and therefore it was held that, in order to maintain its petition, such preference so obtained must be surrendered.””

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

2. ““Under the present bankruptcy act, a creditor cannot prove any claim .against the bankrupt’s estate until he has surrendered any preference he may have obtained. Under section 59b [U. S. Comp. St. 1901, p. 3445], the creditor who may file a petition must have a provable claim. Therefore only creditors who have provable claims may file a petition, and one who has received a preference has not a provable claim.””

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

3. ““Three or more creditors who have provable claims against any person which amount in the aggregate, in excess of the value of securities held by them, if any, to five hundred dollars or over; or if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt.””

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