In re Garcewich’s Empirical Analysis
115 F. 87 · 1902
Citation profile
12 federal appellate · 22 district ·
How this case has been cited
Cited by 42 later decisions (1 by the Supreme Court) — most recently September 1933 · most notably Frank Thompson v. Henry Fairbanks (1905), Hewit v. Berlin Machine Works (1904)
12 federal appellate · 22 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 Donaldson Assignee v. Farwell et al. · Yeatman v. Savings Institution · Southard v. . Benner · In re New York Economical Printing Co. · Allen v. Massey
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Under the present bankrupt act, as under previous bankrupt acts, the trustee takes the property of the bankrupt, in cases unaffected by fraud, in the same plight and condition that the bankrupt himself held it, and subject to all tlie equities impressed upon it in the bands of the bankrupt, except in cases where there has been a conveyance or incumbrance of the property which is void as against the trustee by some positive provision of the act.””
9 later decisions quote this exact passage · from the majority““It is the settled law of this state that personal property may be sold and delivered under an agreement for the payment of the price at a future day, and the title by express agreement remain in the vendor until the payment of the purchase price. In such a case the payment is strictly a condition precedent, and until the performance the title does not vest in the buyer. It is one of the exceptional cases in which the law tolerates the separation of the apparent from the real ownership of chattels when the honesty of the transaction is made to appear. But when the purpose for which the possession of the property is delivered is inconsistent with the continued ownership of the vendor, the transaction will be presumed fraudulent as against purchasers and creditors.””
1 later decision quote this exact passage · from the majoritye.g. In re Hamil““It is not the meaning of the present act that the institution of proceedings in bankruptcy should secure immunity to the title of fraudulent vendors or mortgagors, and deprive creditors of a resort to property out of which, but for the proceeding, they could have satisfied their claims.””
1 later decision quote this exact passage · from the majoritye.g. In re Hickerson
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.