Burnham v. Todd’s Empirical Analysis
139 F.2d 338 · 1943
Citation profile
12 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 27 later decisions — most recently July 2005 · most notably St Paul Mercury Indemnity Co v. Red Cab Co (1938), Brennan v. Metropolitan Opera Ass'n (1999)
12 federal appellate · 1 district · 3 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
Applies 11 U.S.C. § 110
Relies on Mueller v. Nugent · May v. Henderson · White v. Schloerb · Quinn v. Press · Hicks v. Knost
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We agree with the master that no limitation fixed by Section 11 of the Chandler Act, 52 Stat. 849 , which became law Sept. 22, 1938, controls this case. See 1 Collier on Bankruptcy (14 Ed.) 1187. Section 11, sub. d of the Bankruptcy Act, 11 U.S.C.A. § 29 , sub. d, as it stood prior thereto provided: “Suits shall not be brought by or against a trustee of a bankrupt estate subsequent to two years after the estate has been closed.” We considered its application in Isaacs v. Neese, 5 Cir., 75 F.2d 566 , but that was a “suit”, brought by the trustee to recover property transferred before bankruptcy in fraud of creditors, and our decision was also rested on the conclusion that no bar had attached under the Texas statutes. In Stanolind Oil and Gas Co. v. Logan, 5 Cir., 92 F.2d 28 , the bankruptcy trustee, on a reopening of the estate, sought by plenary bill to recover possession of certain oil leases previously in the court’s possession and held under a claim of right. We held Section 11 to apply only to causes of action existing before bankruptcy, and that there was no bar by laches. If the present summary petition is a “suit by the trustee” within the meaning of the quoted provision, no limitation ran under this Section because the estate has not been closed. Since no federal limitation exists, the next question is whether a Texas statute of limitation applies. The possible question whether Congress intended Section 11 to supersede State limitation statutes except as it is in its ”
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.