Kimball v. E. A. Rosenham Co.’s Empirical Analysis

Citation profile

6 federal appellate · 1 district · 1 state decisions

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.””

   2 later decisions quote this exact passage · from the majority
   e.g. C. S. Morey Mercantile Co. v. Schiffer · Farmers Bank v. Julian

2. ““It is not every transfer of property or payment of money that will constitute a preference, but such transfers or payments only as enable the creditors receiving them to obtain greater percentages of their debts than other creditors of the same class. Is a creditor who, subsequent to the receipt of payment on an account current, extends to his debtor new credits, in excess of the amount of the payments, for merchandise which actually becomes a part of the debtor’s estate, thereby ‘enabled to obtain a greater percentage of his debt’ than other creditors of the same class? Take the case in hand: Before the $850 was paid the creditor had a claim for $1,878.13 still owing for goods sold before that time, and. $850 more, in all $2,728.13. After thé payments were made it extended new credits, and put into the estate of the debtor new goods, which amounted to $1,506, on account of which it has received nothing. Hence at the time of the adjudication in bankruptcy its claim was $3,384.13, while it was only $2,728.13 before the payments were made. The result is that by virtue of the payments and the subsequent credits the estate of the bankrupt has been increased to the amount of $636, the claim of the creditor has been enhanced to the same amount, and its loss in a proportionate sum. It has received no benefit, but, on the other hand, has incurred a positive loss by the transaction. * * * It may be said that before the $850 was paid the claim of the Rosenham Company was $2,728.13; th”

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

3. “Our conclusion is that the receipt by a creditor of payments upon an account current, in the usual course of business, which are followed by new credits for property delivered to the debtor, which become part of his estate, for which the creditor has not been paid, and which equals or exceeds in amount and in value the payments does not constitute a preference, under section 60(a) * * *.”

   1 later decision quote this exact passage · from the majority
   e.g. Farmers Bank v. Julian