White v. Cotzhausen’s Empirical Analysis

Citation profile

16 federal appellate · 7 district · 51 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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The circuit court proceeded upon the ground that the conveyances, bill of sale, confessions of judgment, and transfers by Alexander White, Jr., were made without adequate consideration, and with intent to hinder, delay, and defraud the appellee. Upon these grounds it gave him a prior right in tho distribution of the proporty. We are not able to assent to this determination of the rights of the parties, for tiie mother, sisters, and brother of Alexander White, Jr., were his creditors, and, so far as the record discloses, they only sought to obtain a preference over other creditors. But llieir attempt to obtain such illegal preference ought not to have the effect of depriving them of their interest, under the statute, in the proceeds of tho property in question, or justify a decree giving a prior right to the appellee. It was not intended by the statute to give priority of right to the creditors who were not preferred.””

   2 later decisions quote this exact passage · from the majority
   e.g. Comer v. Tabler · Berger v. . Varrelmann

2. ““When an insolvent debtor recognizes the fact that he can no longer go on in business, and determines to yield the dominion of his entire estate, and in execution of that purpose, or with an intent to evade the statute, transfers all, or substantially all, his property to a part of his creditors, in order to provide for them in preference to other creditors, the instrument or instruments by which such transfers are made, and that result is reached, whatever their form, will be held to operate as an assignment, the benefits of which may be claimed by any creditor not so preferred, who will take appropriate steps, in a court of equity, to enforce the equality contemplated by the statute.””

   2 later decisions quote this exact passage · from the majority
   e.g. Hardt v. Heidweyer · Tompkins v. Hunter

3. ““i'lvory provision in any assignment hereafter made in this state, providing for the payment of one debt or liability in preference to another, shall be void, and all debts and liabilities within the provisions of the assignment shall be paid pro rata from the assets thereof.””

   2 later decisions quote this exact passage
   e.g. Hardt v. Heidweyer · Beall v. Cowan