Roth v. Fabrikant Bros.’s Empirical Analysis
175 F.2d 665 · 1949
Citation profile
22 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 41 later decisions — most recently November 2012 · most notably Robinson v. Watts Detective Agency, Inc. (1982), Merrill v. Abbott (In Re Independent Clearing House Co.) (1984)
22 federal appellate · 3 district · 4 state decisions
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
Applies 11 U.S.C. § 107
Relies on Fairmount Glass Works v. Cub Fork Coal Co. · Smyth v. Kaufman · McDougal v. Central Union Conference Ass'n of Seventh Day Adventists · Gardner v. Mid-Continent Grain Co. · Levy v. Weinberg & Holman, Inc.
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“consideration given for the property or obligation of a debtor is `fair' (1) when, in good faith, in exchange and as a fair equivalent therefor, property is transferred or an antecedent debt is satisfied, or (2) when such property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared with the value of the property or obligation obtained.”
1 later decision quote this exact passage · from the majority“there could hardly be a situation where the value of the property transferred was more uncertain than that of the highly speculative items of jewelry involved in the plaintiff's claims.”
1 later decision quote this exact passage · from the majority“(t)he testimony differed as to the considerations which might fix the value of the different items.”
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.