Dushane v. Beall’s Empirical Analysis
161 U.S. 513 · 1896
Citation profile
67 federal appellate · 16 district · 52 state decisions
How this case has been cited
Cited by 191 later decisions (12 by the Supreme Court) — most recently October 2016 · most notably Murphy v. John Hofman Co. (1909), Stanley v. Schwalby (1896)
67 federal appellate · 16 district · 52 state decisions — followed in 17 states
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 Hurtado v. People of the State of California · Quincy Co v. Humphreys · Sparhawk v. Yerkes · United States Trust Co. v. Wabash Western Railway Co.
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 191 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If with knowledge of the facts, or being so situated as to be chargeable whli such knowledge, an assignee [in bankruptcy] by definite declaration or distinct action, or forbearance to act, indicates, in view of the particular circumstances, liis choice not to take certain property, or if, in the language of Ware, J., In Smith v. Gordon [Fed. Gas. No. 13,052], he, with such knowledge, ‘stands by without asserting his claim for a length of time, and allows third persons in the prosecution of tixeir legal rights to acquire an interest in the property,’ then he may be held to have waived the assertion oí his claim thereto. In Sparhawk v. Yerkes [ 142 U. S. 1 , 12 Sup. Ct. 104 , 35 L. Ed. 915 ] we held that as the conduct of the assignees was such as to show that they did not intend to take possession of the assets in controversy, as they avoided assuming any liability in respect thereof, and as they allowed the bankrupt after his discharge by the expenditure of labor and money to save the assets and render them valuable, they could not be permitted to assert title against him.””
2 later decisions quote this exact passage · from the majority““It is well settled that assignees in bankruptcy are not bound to accept property which, in their judgment, is of an onerous and unprofitable nature, and would burden instead of benefit the estate, and can elect whether they will accept or not after due consideration and within a reasonable time, while, if their judgment is unwisely exercised, the bankruptcy court is open to compel a different course.””
2 later decisions quote this exact passage · from the majority““If with knowledge of the facts, or being so situated as to be chargeable with such knowledge, an assignee, by definite declaration, or distinct action or forbearance to act, indicates, in view of the particular circumstances, his choice not to take certain property, or if, in the language of Ware, J., in Smith v. Gordon, 6 Law Rep. 313 , Fed. Cas. No. 13,052, he, with such knowledge, ‘stands by without asserting his claim for a length of time, and allows third persons in the possession of their legal rights to acquire an interest in the property,’ then he may be held to have waived the assertion of his claim thereto.””
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.