In re Smith’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““The bankrupt was the holder of a liquor license in this city, and owned the fixtures in a rented place of business. At the receiver’s sale $144.61 was bid for the stock and fixtures offered separately and $1,000 for the license. The stock, fixtures, and license were then offered as an entirety, and brought $3,500 The sale was on September 16tb, and upon tbé 18tb the receiver reported the sale, to the court, and asked for an order of confirmation, which was thereupon granted. The landlord did not receive notice of the sale, but he did know when the petition for confirmation would be presented, and, although he was in attendance, he made no objection to the sale or to the order. Several months after-wards he presented a petition to the referee, averring that the stock and fixtures were subject to distraint for rent, and that he was therefore entitled under the Pennsylvania statute (P. L. 1891, p. 122) to have a year’s rent paid in full out of the proceeds of the sale, arguing that, as the sum bid for the license separately was only $1,000, $2,500 should be taken as the value of the stock and fixtures, and this sum should be applied to the claim for rent. The referee disallowed the claim on the ground that it was impossible to say how much of the fund produced by the sale was the product of the license and how much was the product of the stock and fixtures. I agree with this conclusion, which accords with two previous .decisions in this district. In re Gerry, 7 Am. Bankr. R. 46”

   1 later decision quote this exact passage · from the majority
   e.g. Keyser v. Wessel