Horton v. Moore’s Empirical Analysis
110 F.2d 189 · 1940
Citation profile
7 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently February 2016
7 federal appellate · 1 district · 1 state decisions
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 McArthur v. Scott · Cornelius Comegys and Andrew Pettit v. Ambrose Vasse · Spindle v. Shreve · Page v. Edmunds · Fisher v. Cushman
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the plain language of the Act, all property vests in the trustee which prior to the filing of the petition the bankrupt could by any means have transferred. Therefore transferability is the determining factor. Under the language of the act a possibility coupled with an interest which may or may not become afterwards a vested estate passes to the trustee if transferable under the local law. Page v. Edmunds, 187 U.S. 596, 601 , 23 S.Ct. 200 , 47 L.Ed. 318 , In re Wright, 2 Cir., 157 F. 544 , 18 L.R.A.,N.S., 193; Fisher et al v. Cushman, 1 Cir., 103 F. 860 , 51 L.R.A. 292 ; Pollack v. Meyer Bros. Drug Co., 8 Cir., 233 F. 861 . ‘Vested rights ad rem and in re, possibilities coupled with an interest, and claims growing out of, and adhering to property may pass by assignment.’ Comegys v. Vasse, 1 Pet. 193 , 26 U.S. 193, 213 , 7 L.Ed. 108 .” (Emphasis supplied).”
2 later decisions quote this exact passage · from the majority““The trustee of the estate of a bankrupt * * * upon his * * * appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt as of the date of the filing of the petition initiating a proceeding under this title, except insofar as it is to property which is held to be exempt, to all of the following kinds of property wherever located * * * ****** (5) property, including rights of action, which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him, or otherwise seized, impounded, or sequestered * * [Emphasis added.]”
1 later decision quote this exact passage · from the majoritye.g. In Re Dolard
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.