Schreyer v. Platt’s Empirical Analysis

Citation profile

15 federal appellate · 12 district · 40 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Is it possible to suppose that the Schreyers, when they made those conveyances, looked forward three years, and anticipated that Gebhart and Ritchie would seek to improve their real estate, and obtain pecuniary assistance from them, and, with that provision, planned to defraud any one who might rely upon Mr. Schreyer’s guaranty? “It is objected by the appellees that Schreyer’s testimony is not to be depended upon, because contradictory, confused, and uncertain; that there is no definiteness in it as' to amounts and dates; and that wrong in the transactions is evident, because the moneys received for rent after the conveyances were deposited by Schreyer in his own name, in bank, and were obviously managed and handled by him as his own, as no accounts were kept between husband and wife of their separate moneys, but all were mingled in one fund, in his hands. But does all this indicate fraud? If his testimony is worthless, and to be rejected, then there is practically no testimony interpreting those transactions; and the court never presumes fraud.” (Italics mine.)”

   1 later decision quote this exact passage
   e.g. Matheson v. Patenaude

2. ““The conveyances in 1871 were meritorious, upon good consideration, made by one in debt in only a trifling sum, and retaining an abundance of property for the discharge of those debts, and who in fact subsequently, and as they became due, paid them; made by one continuing and expecting to continue in the same profitable and not hazardous business in which he had been engaged for nearly a score of years, with no thought of entering upon any new or hazardous business, and more than three, years before any liability to Vanderbilt was incurred or even thought of. And the placing of the notes, bonds, and mortgages, in 1874, in Mrs. Schreyer’s name, was in. pursuance of an arrangement entered into when the husband was not in debt, and when no obligation, fixed or contingent, to Vanderbilt had been entered into, or thought of. “Under-these circumstances it is error to hold that the . transactions were fraudulent and void as against Vanderbilt.””

   1 later decision quote this exact passage
   e.g. Matheson v. Patenaude

3. ““In order to defeat a settlement made by a husband upon his wife, it must be intended to defraud existing creditors, or creditors whose rights are expected shortly to supervene, or creditors whose rights may and do so supervene ; the settler purposing to throw the hazards of business in which he is about to engage upon others, instead of honestly holding his means subject to the chance of those adverse results to which all business enterprises are liable.””

   1 later decision quote this exact passage
   e.g. Klinger v. Hyman