Miller v. Fisk Tire Co.’s Empirical Analysis
11 F.2d 301 · 1926
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 13 later decisions — most recently April 2003
7 federal appellate · 1 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
Relies on National Bank of Newport v. National Herkimer County Bank of Little Falls · Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co. · Swarts v. Siegel · Grandison v. National Bank of Commerce · Hackney v. Raymond Bros. Clarke 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the payment to the bank did not proceed from the bankrupt, the Newport Knitting Company. The Titus Sheard Company had a standing quite apart from its relation to the Newport Knitting Company as a debtor in the account. In the transaction with the bank, the Titus Sheard Company acted on its own behalf. As the holder of the original note, that company had indorsed it to the bank, taking for its own benefit the proceeds of the discount. Its obligation as indorser was continued by the renewals, and to secure the bank on the last renewal, it had deposited its own collateral. It took up the note with its own funds and received back security. Neither directly nor indirectly was this payment to the bank made by the Newport Knitting Company, and the property of that company was not thereby depleted.”
1 later decision quote this exact passage · from the majority“The Newport Knitting Company gave to the Herkimer Bank a three-months note, indorsed by the Titus Sheard Company and secured by the delivery to the bank of assignments of the bills receivable to the latter company amounting of $6,300. Before the maturity of the note the Titus Sheard Company paid to the bank the amount of it, less accrued interest, and took up the note and the collateral. The payment was made by the Titus Sheard Company, acting in its own behalf, by a check drawn against funds to its credit in the bank. The amount it paid was then charged by it to the Newport Knitting Company, to which it was indebted on open account in a larger sum than the amount of the note. This offset was not shown to have been known to the bank.”
1 later decision quote this exact passage · from the majority““There can be no preferential transfer without a depletion of the bankrupt’s estate. * * * “The burden of showing that the bankrupt’s estate was diminished by the payment to the defendant was upon the trustee.””
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.