In re Marcus’s Empirical Analysis
1957
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 13 later decisions — most recently February 1982
8 federal appellate ·
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 18 U.S.C. § 152
Relies on Levy v. Industrial Finance Corp. · Bethlehem Shipbuilding Corp. v. Joseph Gutradt Co. · In re Applebaum · Wilensky v. Goodyear Tire & Rubber Co. · In re Lesser
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The statement as to the corporate financial condition and the statement as to Marcus’ financial condition were one and the same thing. Reliance on this false statement resulted in P. M. Undergarment obtaining property on credit which, because of Marcus’ sole ownership and control of that corporation, was for his exclusive financial benefit. To split the single false financial statement which was issued into two separate statements, one on which Cantor Greenspan relied, and the other on which it did not rely, is to create a fiction which disregards the very reason for holding it to be the statement of both. It disregards the realities which are that Marcus by making false representations with respect to an element of his own property, was, by that fraud, enabled to add value to that element of his property.””
2 later decisions quote this exact passage · from the majority““The bankrupt obtained property on credit by making a materially false statement in writing respecting his financial condition, within the meaning of Section 14, sub. c(3) of the Bankruptcy Act, where he obtained such property on credit for a corporation (of which he was the sole stockholder and principal officer and whose affairs he controlled) by making a materially false statement in writing respecting the financial condition of said corporation; and his discharge will be denied by reason of his said act where objection thereto is made by one who, as the trustee in bankruptcy of said corporation, is a judgment creditor of the bankrupt.””
2 later decisions quote this exact passage · from the majority“In the course of a proceeding under the Act of Congress relating to bankruptcy, said Pincus M. Marcus, the above-named bankrupt, refused to answer material questions approved by the Court, in that, in a proceeding pending in the above-named Court under bankruptcy number 89271 and entitled `In the Matter of P. M. Undergarment Corp., Bankrupt' (of which corporation said Pincus M. Marcus was a director, sole stockholder, president and principal officer and the affairs of which were under his control), said Pincus M. Marcus refused to answer the * * * material questions put to him by the attorney for the trustee in bankruptcy of the estate of said P. M. Undergarment Corp., and approved by the Court, upon an examination of said Pincus M. Marcus at an adjourned first meeting of creditors of said P. M. Undergarment Corp., bankrupt, * *”
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.