Palmer v. Palmer’s Empirical Analysis
104 F.2d 161 · 1939
Citation profile
11 federal appellate · 6 district ·
How this case has been cited
Cited by 57 later decisions (5 by the Supreme Court) — most recently July 2010 · most notably Group of Institutional Investors v. Chicago, Milwaukee, St. Paul & Pacific Railroad (1943), Smith v. Hoboken Rr Warehouse & Ss Connecting Co (1946)
11 federal appellate · 6 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 110
Relies on Miltenberger v. Logansport Railway Co. · Quincy Co v. Humphreys · Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co. · Gregg v. Metropolitan Trust Co. · United States Trust Co. v. Wabash Western Railway Co.
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t would be a little hard to see by what power the court could keep a trustee in possession while he was determining his course, without compelling him meanwhile to fulfill the conditions imposed upon the term; for instance, the payment of any rent, secured by a right of reentry. While such ad interim payments need not, and of course would not, constitute an adoption of the term, insolvency ought not to give the lessee’s creditors greater rights to possession than the lessee himself enjoyed; and if the trustee were to hold the premises even temporarily, he should be allowed to do so only upon the same terms as the lessee.”
2 later decisions quote this exact passage · from the majority“If prior to assumption or rejection the trustee or debtor in possession mistakenly continues to pay rent as such without condition and it is so accepted, and the lease is thereafter rejected, the general rule is that the difference, if any, between the rent reserved and the value of use and occupancy may be recovered, since the lessor dealing with a court officer in a reorganization must be charged with notice of the provisional character of all such transactions.”
1 later decision quote this exact passage · from the majority“A lease, being property cum onere, does not pass to a trustee in bankruptcy, unless he adopts it.”
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.