In re Tupper’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An execution and levy and an advertised sale thereunder were wholly unnecessary to a final disposition of this property. On the 8th day of March, 1908, but for the filing of the petition in bankruptcy, the real property would have passed Irrevocably and absolutely under the lien, and, as Tupper had become and was insolvent, it was not in her power to pay or discharge it. As to the effect of this, see Scheuer v. Smith, etc., 112 Fed. 407 , 50 C. C. A. 312 . * * *' It seems to me that effect is to be given to the words ‘or final disposition of any property affected by such preference.’ ‘Final disposition’ is not a gift of the property to some third person or a voluntary transfer to the creditor in satisfaction of the preferential judgment, as that would be merely a sale in payment. Congress had in mind, when it enforced this •law, the fact that there are different, ways or modes of disposing of property, of enforcing executions, judgments and liens, and it referred to the ordinary method of disposition by way of sale, and then used the words ‘or final disItosition’ to cover every other method of passing the control and dominion of the property from the debtor, insolvent person, to another or to others either absolutely or as security to the preferred creditor to the exclusion of his other creditors. The purpose of the law is that no one creditor shall be preferred over the others by an insolvent person, but that all creditors shall share equally except as to honest liens creat”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Putman · Folger v. Putnam

2. ““Here, but for the bankruptcy proceedings,” the learned judge further says, “the land or its proceeds will go to the judgment creditor if the judgment' debtor does not pay it. But he is insolvent, as the petition alleges, and the demurrer concedes, and cannot discharge the lien without applying his other property, if any, to the payment of this preference, or borrowing the money. It was possible and easy for Tupper to vacate or discharge the preference obtained by the docketing of this judgment. All she had to do, being insolvent, was to file a voluntary petition in bankruptcy and the judgment would fall under sections 67c and 67f and 60b.””

   1 later decision quote this exact passage · from the majority
   e.g. Folger v. Putnam