In re Rubel’s Empirical Analysis
166 F. 131 · 1908
Citation profile
3 federal appellate · 6 district ·
How this case has been cited
Cited by 10 later decisions — most recently August 1939
3 federal appellate · 6 district ·
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 Horace Dunbar v. Lottie E Dunbar · In re Eidemiller · Bray v. Cobb · In re Hays, Foster & Ward Co. · Atwood-Morrison Co. v. Sipp Electric & Machine 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The text-books and the authorities all seem to concur in the proposition that rent upon such a lease which has not accrued at the time of adjudication cannot be proven as a claim in bankruptcy. Loveland on Bankruptcy (3d Ed.) 265, 268; Collier on Bankruptcy, 479; In re Jefferson (D. C.) 93 Fed. 948 ; Bray v. Cobb (D. C.) 100 Fed. 270 ; Atkins v. Wilcox, 105 Fed. 595 , 44 C. C. A. 626 , 53 L. R. A. 118 ; In re Hays and Foster (D. C.) 117 Fed. 879 ; Watson v. Merrill, 136 Fed. 359 , 69 C. C. A. 185 , 69 L. R. A. 719 . These authorities are not in accord as to the method of reasoning by which the conclusion is reached. Some of them hold that the adjudication destroys the relation of landlord and tenant, and practically annuls the lease. Others hold that the claim, not being provable in bankruptcy, is not affected by the discharge ; that the bankrupt remains bound by his covenant; but that the trustee is not bound thereby. It is conceded on all hands that the trustee has a reasonable time after his appointment to determine whether he will adopt the lease as an asset of the estate, and offer the same for sale, or whether he will ignore it entirely. For practical purposes it makes no difference in the instant case which line of authority is adopted, for either is fatal to a recovery of rent, as such, for the unexpired term.””
1 later decision quote this exact passagee.g. In re Inman & Co.
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.