Watson v. Merrill’s Empirical Analysis
136 F. 359 · 1905
Citation profile
27 federal appellate · 22 district · 5 state decisions
How this case has been cited
Cited by 62 later decisions (2 by the Supreme Court) — most recently September 2009 · most notably Central Trust Co. v. Chicago Auditorium Ass'n (1916), Oldden v. Tonto Realty Corp. (1944)
27 federal appellate · 22 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on City of Walla Walla v. Walla Walla Water Co · Deane v. Caldwell · In re Todd · In Re the General Assignment of Hevenor · In re Eidemiller
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * ‘An adjudication in bankruptcy does not dissolve or terminate the contractual relations of the bankrupt. * * * Its effect is to transfer to the trustee all the property of the bankrupt except his executory contracts, and to vest in the trustee the option to assume or to renounce these. * * * ’ ” Whiteside v. Rocky Mountain Fuel Co., 10 Cir., 101 F.2d 765 , 773 (on rehearing), cert. denied 307 U.S. 640 , 59 S.Ct. 1038 , 83 L.Ed. 1521 .”
5 later decisions quote this exact passage · from the majority““ * * * But rent which the bankrupt has agreed to pay, and which is to accrue subsequent to the filing of the petition in bankruptcy, does not constitute a provable claim under the Bankruptcy Law of 1898 (Act July 1, 1898, c. 541, 30 Stat. 562 , 563, U. S. Comp. Stat. 1901, p. 3447), because it is not ‘a fixed liability * * * absolutely owing at the time of the filing of the petition against him’ (section 63a), and because it is not. an existing demand, but both the existence and the amount of the possible future demand are contingent upon unforeseen events, such as default of the lessee, reentry by the lessor, and assumption by the trustee, so that it is neither an unliquidated nor a liquidated provable claim.””
1 later decision quote this exact passage · from the majoritye.g. Wasson v. White““The application to it of the title of a claim for damages for a breach of the lease neither changes its nature, nor makes it more provable than it would have been if its real character had been described by its name.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.