In re Stokes’s Empirical Analysis

Citation profile

7 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are of the opinion that it is the scheme of these provisions to treat the partnership as an entity, which may be adjudged a bankrupt by voluntary or involuntary proceeding, irrespective of any adjudication of the individual partners as bankrupt, and upon-an adjudication to draw to the administration tlie individual estates of the partners, as well as the partnership estate, and marshal and distribute them according to equity. The assets of the individual estates and the debts provable against them can be ascertained, without adjudicating the individual partners bankrupt. The language does not require such an adjudication. The section is silent respecting a discharge of the partners individually. It does not, by terms or by Implication, preclude an adjudication of the individual partners as bankrupt in the partnership pro-. eeeding; and, if there is such an adjudication, there is nothing to prevent the partners from receiving a discharge individually, if they are otherwise entitled to it under the act. But, as the commission of an act of bankruptcy is indispensable to jurisdiction in an involuntary proceeding, the Individual members cannot be adjudged bankrupts in such a proceeding, who have not committed, or been participants in committing, one of the enumerated acts.””

   1 later decision quote this exact passage · from the majority
   e.g. In re J. M. Ceballos & Co.

2. ““We are of tbo opinion that it is the scheme of these provisions to treat the partnership as an entity which may be adjudged a bankrupt by voluntary or involuntary proceeding, irrespective of any adjudication of the individual partners as bankrupt, and upon an adjudication to draw to the administration the individual estates of the partners as well as the partnership estate, and marshal and distribute them according to equity.””

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

3. ““The adjudication Of a partnership as a bankrupt draws to the court of bankruptcy'for administration the individual estate of the partners, though they are not adjudicated bankrupts individually, * * * and the court may, by summary order, compel a partner to transfer his individual property to the trustee.””

   1 later decision quote this exact passage
   e.g. In re Lattimer