Nikolas v. Witter’s Empirical Analysis
143 F.2d 769 · 1944
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 11 later decisions — most recently July 2001
3 federal appellate · 2 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
Applies 11 U.S.C. § 501
Relies on In re Tidewater Coal Exchange · Vadakin v. Cass · Witter v. Nikolas · In re Minnesota Ins. Underwriters · In re Poland Union
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A “company” is defined in In re Tidewater Coal Exchange, 2 Cir., 280 F. 638 , 643, as follows: “A company is defined in the Century Dictionary as ‘a number of persons united for performing or carrying on anything jointly.’ -If such a number of persons are united for carrying on any kind of business enterprise jointly, and are not incorporated, and do not constitute a partnership, they are an ‘unincorporated company’ within the true .intent and meaning of the acts of Congress relating to bankruptcy.”'”
2 later decisions quote this exact passage · from the majority“An involved debtor may successfully resist an attempt by its creditors to reorganize it under (Chapter X of the Bankruptcy Act). The next day it may be subject to another petition seeking the same purpose. The petitioners, as here, may not be the same creditors. The debtor's situation may have changed. The evidence may not be the same. The relief sought in the new petition may be appropriate in the second application and yet the denial of relief in the first proceeding may also have been proper upon the showing made.”
1 later decision quote this exact passage · from the majoritye.g. Greiner v. Wilke““ ‘Corporation’ shall include all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships and shall include partnership associations organized under laws making the capital subscribed alone responsible for the debts of the association, joint-stock companies, unincorporated companies and associations, and any business conducted by a trustee or trustees wherein beneficial interest or ownership is evidenced by certificate or other written instrument: * * * ””
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.