Wallerstein v. Ervin’s Empirical Analysis
112 F. 124 · 1901
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 7 later decisions — most recently June 1934
3 federal appellate · 2 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 Wright v. Pipe Line Co. · Oil Creek & Allegheny River Railroad v. Pennsylvania Transportation Co. · Catskill Bank v. Horace Gray & the Ulster Iron Co. · Boyd v. American Carbon Black Co. · Cleveland Paper Co. v. Courier 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The $15.000 which it is admitted was ‘advanced in pursuance of the agreement, and which was put in at the risk ol" the business,’ was expressly omitted from the claim. But the distinction suggested by this concession rests upon no legal foundation. The moneys advanced in excess of the amount agreed to be contributed were, it is true, in many, if not in all, instances called ‘loans,’ and the merchandise supplied was no doubt regarded by the parties themselves as having been ‘sold,’ and it may well be conceded that upon any accounting between the partners the appellant would, after satisfaction of the firm debts, bo entitled to priority of credit for its surplus advances of either kind; yet as the proof proposed would, if allowed, have reduced the fund to which the general creditors of the firm wore constrained to look for the partial payment of their claims, the law imperatively required its rejection. Whatever inay have hem the understanding of the parties, or their respective rights inter so, there can be no doubt that in fact and in law not only the $15,-000 agreed to be contributed, hut also the additional money advanced and the goods supplied, were, as to creditors, embarked in the business of the firm. They augmented its capital and enhanced its credit, and therefore could not in any manner he exempted from liability for its debts.” Wallerstein v. Ervin, 7 Am. Bankr. Rep. 256, 112 Fed. 124 , 50 C. C. A. 129 .”
1 later decision quote this exact passage · from the majoritye.g. In re Effinger
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.