Cunningham v. Norton’s Empirical Analysis

Citation profile

16 federal appellate · 2 district · 7 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A debtor may make such assignment and shall thereupon stand discharged from all further liability to such consenting creditors. . . . Such debtor shall not be discharged from liability to such creditor who does not receive as much as one-third of the amount . . . allowed in his favor. . . Art. 263. Non-assenting creditors take nothing under the assignment, art. 265, but may garnishee any excess remaining after full payment of consenting creditors and the expenses of executing the assignment. Art. 271. “ The statute in question is in no sense an insolvent law, providing for the discharge of a debtor by a compliance with its terms without the consent of the creditor; but is a statute which, for the better protection of creditors, prescribes a mode for the administration of the estates of insolvents under assignments made by the debtors themselves, which would be good at common law, unaided by the statute, and, like any other trust, could be enforced in a court of equity in the absence of a statute providing a mode of administration.”

   2 later decisions quote this exact passage · from the majority
   e.g. Tracy v. Tuffly · Johnson v. Star

2. ““AVhen a person is unable to pay bis debts, he is understood to be insolvent» It is difficult to give a more accurate definition of insolvency.””

   2 later decisions quote this exact passage · from the majority
   e.g. Northwestern Port Huron Co. v. Babcock · Wright v. Seaboard Steel & Manganese Corp.