15 E.H. Smith 500 - Sheldon v. . Wickham’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 13 state decisions

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A chattel mortgage not accompanied by immediate delivery, or followed by an actual or continued change of possession, of the chattels mortgaged, and which was executed upon an agreement that the mortgagor may remain In possession and sell the property and use the avails in substantially the same manner as before the execution of the mortgage, is void as against the creditors of the mortgagor. The term ‘creditors’ includes all persons who were-such while the chattels remained in the possession of the mortgagor under the agreement, and their rights are not affected by the fact that they did not obtain judgment or a specific lien until after delivery of the property to the-mortgagee. The right of the creditor to collect his debt out of the mortgaged' chattels may not be defeated by the mortgagee, simply by selling the property. * * * A receiver appointed in supplementary proceedings under the Code-of Civil Procedure is vested with the legal title to all the personal property of the judgment debtor. He also represents the creditor under whose judgment he was appointed, and has the same right the creditor possesses to-prosecute actions to set aside all transfers of property made by the debtor to-defraud his creditors. The rights of the receiver in this respect are not confined to the property fraudulently assigned. He may follow the proceeds of the sale thereof in the possession of any person not a bona fide owner or holder.””

   1 later decision quote this exact passage
   e.g. In re Beede

2. ““Chattel Mortgage — Failure to File — Right of Assignee for the Benefit of Creditors to Take Advantage of — Laws 1858, p. 506, c. 314. An assignee for the benefit of creditors cannot, in an action to foreclose a mortgage, covering: both real and personal property, executed by the assignor prior to the assignment, when there is no claim of fraud in the transaction, avail himself of the-defense that the mortgage is void as to the personal property, because not filed as a mortgage of "chattels, as an unfiled chattel mortgage cannot be-treated as a transfer of property in fraud of the rights of creditors, and therefore does not fall within chapter 314 of the Laws of 1858, permitting assignees to disaffirm and treat as void transfers in ‘fraud’ of the rights of creditors, without having such claims established by a judgment.””

   1 later decision quote this exact passage
   e.g. In re Beede