Hewit v. Berlin Machine Works’s Empirical Analysis
194 U.S. 296 · 1904
Citation profile
191 federal appellate · 96 district · 28 state decisions
How this case has been cited
Cited by 415 later decisions (22 by the Supreme Court) — most recently May 2019 · most notably Bank of Marin v. England (1966), Josiah Coder v. William Arts (1909)
191 federal appellate · 96 district · 28 state decisions — followed in 13 states
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.
Appellate journey
reviewedthe decision below (from Second Circuit Court of Appeals)
Relationships
Relies on Hutchinson v. Otis · Casey v. Cavaroc · Stewart v. Platt · Donaldson Assignee v. Farwell et al.
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 415 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(aj The trustee of the estate of a bankrupt upon his appointment and qualification, and his successor or successors, if he should have one or more, upon his or their appoinftnent and qualification, shall in. turn be vested by operation of law with the title of the bankrupt as of the date he was adjudged a bankrupt, excepting so far as it is to property exempt, to all * * * (3) powers which he might have exercised for his own benefit; * * * (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him: Provided that when any bankrupt shall have any insurance policy which has a cash surrender value, payable to himself, his estate or personal representatives, he may within thirty days after the cash surrender value has been ascertained and stated to the trusteee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own and carry said policy, free from the claims of the creditors participating in the distribution of his estate under the bankruptcy proceedings, otherwise the policy shall pass to the trustee as assets.””
14 later decisions quote this exact passage · from the majority““We concur in this view, which is sustained by decisions under previous bankruptcy laws [citing cases], and is not shaken by a different result in cases arising in states by whose laws conditional sales are void as against creditors.””
2 later decisions quote this exact passage · from the majoritye.g. In re Beede · In re Hunt“controversies arising in bankruptcy proceedings”
2 later decisions 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.