In re Gilpin’s Empirical Analysis

Citation profile

3 federal appellate · 2 district ·

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

1. ““The other matter that may properly need a moment’s consideration is the effect that should be given to the word ‘false’ in clause 3. In my opinion the argument for the bankrupt must rest wholly upon the conclusion that this word should bear. It is unquestionably a flexible word. Sometimes it means incorrect, or not true; sometimes it includes the idea of wickedness or fraud — as in section 29, where a false oath is evidently a corruptly false oath, such as would subject the affiant to a prosecution for perjury. That ‘false’ means no more in clause 3 than ‘not true,’ I have tried to establish in the preceding pages of this opinion, and if I have failed hitherto to give good reasons to my belief I am sure that I shall not strengthen the argument by stating them again in somewhat different words. “The decision of the referee is reversed and the eelrlc is directed to entelan order sustaining the first objection of the Merchants’ National Bank to the bankrupt’s discharge.””

   1 later decision quote this exact passage · from the majority
   e.g. Gilpin v. Merchants' Nat. Bank

2. ““I accept and shall act upon the finding of the referee that the bankrupt either did not actually know what the statement contained, or did not know that it was materially false, and that ho did not have a conscious intention to deceive the bank.””

   1 later decision quote this exact passage · from the majority
   e.g. Gilpin v. Merchants' Nat. Bank