Foster v. McAlester’s Empirical Analysis

Citation profile

3 federal appellate · 2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An agreement between a wholesale mercantile firm and a customer that the latter will give a mortgage on his stock, when demanded, to secure his indebtedness to the firm, is entirely legal; and, unless fraudulent in fact, such ¡m agreement cannot be held to constitute a fraud in law, or a badge of fraud, to affect the validity of a mortgage subsequently requested, and voluntarily given by the debtor. * * * “A chattel mortgage, valid on its face, taken by a bona fide creditor for the purpose of securing his debt, and not for the purpose or with the intent of shielding his debtor and assisting him to hinder and delay his other creditors, is valid, and impervious to attack from any quarter, in the absence of a bankruptcy law which renders it invalid as a preference.””

   1 later decision quote this exact passage
   e.g. Gay v. Hudson River Electric Power Co.

2. ““In order to invalidate the mortgage of Hummel to Iluiskamp Bros., it must have been made with the intent on the part of Hummel to hinder and delay his other creditors, and Iluiskamp Bros, must have accepted it with the intent of assisting Hummel to hinder and delay his other creditors. A debtor being in failing circumstances and having the right to prefer a creditor, if the preferred creditor has a. bona tide debt, and takes a mortgage with the intent of securing such debt, and not with the purpose of aiding the debtor to hinder and delay other creditors, the mortgage is valid, even though the mortgagee knows that the debtor is insolvent, and that the debtor’s intention is to hinder and delay other creditors.””

   1 later decision quote this exact passage · from the majority
   e.g. Gay v. Hudson River Electric Power Co.

3. ““Many innocent and lawful or indifferent acts are linked together, apparently on the assumption that their aggregation would impart to them an odious quality, which separately they did not possess. But the law will not deduce fraud from any number of lawful and innocent acts. One who seeks to attach a fraudulent character to such acts must go further, and show they were in fact done with a fraudulent intent and for a fraudulent purpose.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Mammoth Oil Co.