Off v. Hakes’s Empirical Analysis
142 F. 364 · 1905
Citation profile
8 federal appellate · 5 district ·
How this case has been cited
Cited by 16 later decisions (2 by the Supreme Court) — most recently June 1958
8 federal appellate · 5 district ·
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 Grant v. National Bank · Stucky v. Masonic Savings Bank · Fellows v. Freudenthal
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The contention ‘that the action was wrongly conceived,’ and that the remedy was at law and not in equity, is overruled. It was neither raised seasonably in the trial court, nor is it deemed tenable in our view of the only remedy enforceable under the allegations and evidence. Jurisdiction for recovery of preferences, concurrent with that of state courts, is expressly conferred upon the bankruptcy court by section 60b, as amended, and its equitable jurisdiction to that end is well recognized. Loveland’s Law and Proceedings in Bankruptcy (2d Ed.) 82; Collier on Bankruptcy (3d Ed.) par. 37.””
1 later decision quote this exact passage · from the majority““In an equitable action to recover the amount of the note as an alleged preference, evidence that defendant’s agent was informed by the bankrupt that, should the stock of goods be sold at what they were then estimated to be worth, the ability to pay creditors in full would depend upon the collection of an unknown amount of outstanding accounts is not sufficient to sustain a finding that the defendant had reasonable cause to believe that the bankrupt was insolvent,.and that a preference was intended.””
1 later decision quote this exact passage · from the majoritye.g. In re Gaylord““It is not enough that a creditor has some cause to suspect the insolvency of his debtor; but he must have such a knowledge of facts as to induce a reasonable belief of his debtor’s insolvency, in order' to invalidate a security taken for his debt.””
1 later decision quote this exact passage · from the majoritye.g. In re Gaylord
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.