Murphy v. Nilles’s Empirical Analysis
1897
Citation profile
5
cited by 5 later decisions
2
states following
November 1919
most recently cited
2 federal appellate · 3 state decisions
Appellate journey
reviewedMurphy v. Nilles
Relationships
Relies on Lachman v. Martin · Brownell v. Dixon
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But an insolvent debtor cannot use his wife’s name as a mere device to cover up and keep from his creditors the. assets and profits of a business which is in fact his own. The marriage relation affords many opportunities for conducting schemes to defraud creditors, and hence transactions between husband and wife, which have the appearance of being fraudulent, will be closely scrutinized. It is a question of fact, to be determined from all the circumstances1 of the case, whether or not the husband is carrying on his own business, or is merely managing his wife’s business. It must clearly appear that the wife is the bona fide owner of the capital invested in the business, and that the accumulations, which result from the conduct of the business, arc the legitimate outcome of the investment of her property.””
2 later decisions quote this exact passage · from the majoritye.g. Rowe v. Drohen · Spencer v. Mali““An insolvent debtor cannot use bis wife’s name [nor ber capital] as a mere device to cover up and keep from bis creditors tbe assets and profits of a business wbicb is in fact bis own.””
1 later decision quote this exact passage · from the majoritye.g. Rowe v. Drohen
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.