Newcomb v. Biwer’s Empirical Analysis
199 F. 529 · 1912
Citation profile
3 federal appellate · 4 district ·
How this case has been cited
Cited by 8 later decisions — most recently March 1938
3 federal appellate · 4 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 Fred Bardes v. First National Bank of Hawarden Iowa · Harris v. First National Bank of Mt. Pleasant · In re Rochford · In re Mullen · Gregory v. Atkinson
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It may be said, and its sounds plausible, that if the trustee is entitled to recover the value of the goods, the court haying acquired jurisdiction of the subject-matter and the persons, the trustee is entitled to recover that value from any defendant -before the court who is liable to him therefor. And as, on proof of a conspiracy, all joint tort-fea-sors are individually liable in full to the injured party, the trustee is therefore entitled in this action to judgment for the value against each defendant shown to be a party to the conspiracy., “I again call attention to the wording of section 70e, under which provision alone this court has jurisdiction here to award a judgment for value. “ ‘Such property may be recovered (which, of course, refers to some particular property transferred) or its value collected from whoever may have received it.’ This is not a grant of authority to award a judgment against every person who may be liable to the trustee on the same cause of action, but only authority to award a judgment against the person who actually, received the value. Very good reasons may exist for limiting'the concurrent jurisdiction of United States courts to recovery of the property or the value from the person who received it. The act shows a clear intent not to bring into United States courts controversies over debts, guaranties and damages, in which a bankrupt’s estate may be involved, but to leave these matters to the courts which would have jurisdiction if bankrupt”
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.