In re Callison’s Empirical Analysis

Citation profile

1 federal appellate · 5 district ·

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

1. ““A literal application of tbe language of -tlie act would give to any person having a provable debt tbe power to put a person into bankruptcy for an offense committed before there were any business relations existing between them, and thereby obtain the power of oppressive action by one party by procuring an indebtedness, when, in reality, he bad not, in any way, suffered from tbe act of tbe alleged bankrupt. Tbe same form of language in tbe Bankruptcy Act of England and in tbe Act of 1S67 (Act March 2, 18C7, c. 176, 14 Stat. 517 ) has been carefully examined and tbe construction put upon it has limited tbe rights of creditors to such as held debts at tbe date of tbe alleged act of bankruptcy” — citing a number of cases.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Farthing

2. ““A creditor, who was not such at the time of the commission of an alleged act of bankruptcy, cannot petition his debtor into bankruptcy. This appears to be, not only the conclusion of the courts upon well-considered cases, but a reasonable construction. It is unquestionably based upon the well-established principle that creditors cannot complain of a conveyance by the debtor made prior to the time they became creditors, unless such conveyance was made with the direct purpose of defeating their claim.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Hanyan

3. ““To entitle a creditor to maintain a petition in involuntary bankruptcy against bis debtor, be must bave been a creditor at tbe time tbe act of bankruptcy alleged was committed.””

   1 later decision quote this exact passage
   e.g. In re Farthing