Smyth v. Kaufman’s Empirical Analysis
114 F.2d 40 · 1940
Citation profile
28 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 66 later decisions — most recently August 2020 · most notably Coral Petroleum, Inc. v. Banque Paribas-London (1986), McCuskey v. National Bank (1988)
28 federal appellate · 2 district · 4 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
Relies on National Bank of Newport v. National Herkimer County Bank of Little Falls · Grubb v. General Contract Purchase Corp. · Carson v. Federal Reserve Bank · Loud v. Clifford · 26 F. Supp. 566 - Walsh v. Connecticut Mut. Life Ins. 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“only on condition that a particular creditor receive the proceeds.”
8 later decisions quote this exact passage · from the majority“[I]f taking a preference were a tort, they would be liable, just as the directors of a company are liable for any other torts which they procure it to commit. But preference is the creature of statute, whether under the Bankruptcy Act or the New York Stock Corporation Law; and the only resulting liabilities are those which the statutes declare. Section 60b of the Bankruptcy Act enacts that the trustee may recover from the “person receiving it or to be benefited thereby . the property or its value.” This is inconsistent with the notion that one person who is the active means in procuring another to obtain a preference is liable in damages.”
1 later decision quote this exact passage · from the majority
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.