In re Gilbert’s Empirical Analysis

Citation profile

4 federal appellate · 8 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The presumption arising from the transfer of property is affected by the amount of such transfer. Thus, where the transfer was of all one’s properly, this was held to afford a violent — -almost conclusive — presumption of an intent to prefer, where other creditors were unprovided for. * * * In this case the transfer was of a comparatively small part of the property of A. T. Gilbert — so small that the expediency of resorting to a bankruptcy court, rather than permit a distribution of the assets of the bank through the pending proceedings in the state court, may be doubted. Tf the preferences complained of are set aside, it will add not more than 1 per cent, to the dividends to be paid the general creditors.””

   1 later decision quote this exact passage · from the majority
   e.g. Macon Grocery Co. v. Beach

2. ““A person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder, or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.””

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