Albert Pick & Co. v. Wilson’s Empirical Analysis
19 F.2d 18 · 1927
Citation profile
8 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 17 later decisions — most recently April 1984
8 federal appellate · 1 district · 2 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
Relies on York Manufacturing Company v. Arthur Cassell J B · Bailey v. Baker Ice Machine Co. · Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting Company · Carey v. Donohue · Martin v. Commercial National Bank
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In 1950 Sec. 70, sub. c was recast to read as follows: ‘ * * * The trustee, as to all property of the bankrupt at the date of bankruptcy whether or not coming into possession or control of the court, shall be deemed vested as of the date of bankruptcy with all the rights, remedies, and powers of a creditor then holding a lien thereon by legal or equitable proceedings, whether or not such a creditor actually exists.’ 64 Stat. 26 . “Thus the distinction between property in the possession of the bankrupt as of the date of bankruptcy and other property was abolished; and the trustee was given the status of a creditor holding a lien through legal or equitable proceedings as to both types of propperty. This 1950 Amendment, however, created an anomaly. The House Report accompanying a 1952. amendment that cast Sec. 70c in its. present form states: “ * * * it is now recognized that the amendment did not accurately express what was intended. Since the trustee already has title to all of the bankrupt’s property, it is not proper to say that he has the rights of a lien creditor upon his own property. What should be said is that he has the rights of a lien creditor upon property in which the bankrupt has an interest or as to which the bankrupt may be the ostensible owner. Accordingly, the language of Section 70c has been revised so as to clarify its meaning and state more accurately what is intended’.””
1 later decision quote this exact passage · from the majority“The intention of the Bankruptcy Act prior to 1910 was that the trustee should take the estate precisely where he found it, with no additional rights, excepting, of course, the specific right to set aside preferences and liens acquired within the four-month period. York Mfg. Co. v. Cassell, 201 U.S. 344 , 26 S.Ct. 481 , 50 L.Ed. 782 . But, as pointed out in Smith-Flynn Commission Co. [8 Cir., 292 F. 465 ], supra, and the Congressional Record, 61st Congress, 2d Session, 2275-2277, the amendment under discussion was designed to supersede that decision.”
1 later decision quote this exact passage · from the majority““Claims which for want of record or for other reasons would not have been valid liens as against creditors of the debtor armed with process, pursuant to which such property has been attached or levied upon, shall not be liens against the estate.””
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.