Tripp v. Mitschrich’s Empirical Analysis

Citation profile

9 federal appellate · 3 district ·

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was urged before the auditor that the services were not of the kind mentioned in section 64 of the act, and therefore could not be allowed. But the two sections have no necessary connection. * * * Section 64 defines the debts which are to have priority and be paid in full by virtue of the statute itself, without regard to any act or agreement of the parties. The services of an attorney included in this class are those ‘actually rendered * * * while performing the duties herein prescribed.’ The services referred to in section 60 [U. S. Comp. St. § 9644], on the contrary, are those ‘to be rendered,’ which are paid for in advance ‘in contemplation of the filing of a petition by or against’ the bankrupt. Such fees are not determined by the statute and allowed in full out of the bankrupt estate, as the other class are, but depend both as to payment and amount on the acts of the parties, and what the statute does is to recognize the validity of their payment, but subject the reasonableness of the amount to the supervision of the court. The services of the plaintiff belong to this class. They were none the less rendered in contemplation of the filing of a petition in bankruptcy, because directed primarily and principally to the prevention of such petition. A man is usually very much in contemplation of a result which he employs counsel to avoid.” We agree with the reasoning and conclusion of the case just cited. The rule contended for by the trustee would make extremely difficul”

   1 later decision quote this exact passage · from the majority
   e.g. In re Lang

2. ““the words ‘in contemplation of bankruptcy ... ’ means more than a simple consciousness of insolvency ... A man may be insolvent and yet not contemplate bankruptcy ... He may contemplate insolvency and the breaking up of his business and yet not contemplate bankruptcy. Contemplation ... means that in making the transfer the debtor is influenced by the possibility or imminence of a ... bankruptcy proceeding.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re GIC Government Securities, Inc.

3. “A man is usually very much in contemplation of a result which he employs counsel to avoid.”

   1 later decision quote this exact passage · from the majority
   e.g. Conrad v. Pender