In re Keller’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The legal right of a partnership creditor to subject the partnership property to the payment of his debts consists simply in the right to reduce his claim to judgment and to sell the goods of.his debtor on execution. His right to appropriate the partnership property specifically to the payment of his debt in equity, in preference to creditors of an individual partner, is derived through the other partner, whose original right it is to have the partnership assets applied to the payment- of partnership obligations. And this equity of the creditor subsists so long as that of the partner, through which it is derived, remains; that is, so long as the partner himself ‘retains an interest in the firm assets, as a partner, a.court of equity will allow the creditors of the firm to avail themselves of his equity, and enforce through it the application .of those assets primarily to payment of the debts due them, whenever the property comes under its administration.’ Such was the language of this court in Case v. Beauregard, 99 U. S. 119 , 25 L. Ed. 370 , in which Mr. Justice Strong, delivering the opinion, continued as follows: ‘It is indispensable, however, to such relief, when the creditors are, as in the present case, simple contract creditors, that the partnership property should be within the control of the court, and in the course of administration, wrought there by the bankruptcy of the firm, or by an assignment, or by the creation of a trust in some mode. This is because neithe”

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

2. ““It is not every transfer of property or payment of money that will constitute a preference, but such transfers or payments only as enable the creditors receiving them to obtain greater percentages of their debts than other creditors of the same class. Is a creditor who, subsequent to the receipt of payment on an account current, extends to his debtor new credits, in excess of the amount of the payments, for merchandise which actually becomes a part of the debtor’s estate, thereby ‘enabled to obtain a greater percentage of his debt’ than other creditors of the same class? Take the case in hand: Before the $850 was paid the creditor had a claim for $1,878.13 still owing for goods sold before that time, and. $850 more, in all $2,728.13. After thé payments were made it extended new credits, and put into the estate of the debtor new goods, which amounted to $1,506, on account of which it has received nothing. Hence at the time of the adjudication in bankruptcy its claim was $3,384.13, while it was only $2,728.13 before the payments were made. The result is that by virtue of the payments and the subsequent credits the estate of the bankrupt has been increased to the amount of $636, the claim of the creditor has been enhanced to the same amount, and its loss in a proportionate sum. It has received no benefit, but, on the other hand, has incurred a positive loss by the transaction. * * * It may be said that before the $850 was paid the claim of the Rosenham Company was $2,728.13; th”

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

3. ““As I understand the certificate of the referee, this conclusion was reached upon consideration of the facts appearing of record in the bankruptcy proceedings, and of the testimony given upon the examination oí the bankrupt and other parties before the referee in connection with other proceedings had in the ease; and upon part of the present claimant it is excepted that this evidence was introduced when the claimant was not present and was not represented.’’”

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