Constance v. Harvey’s Empirical Analysis
215 F.2d 571 · 1954
Citation profile
26 federal appellate · 6 district ·
How this case has been cited
Cited by 63 later decisions (1 by the Supreme Court) — most recently July 1987 · most notably Lewis v. Manufacturers National Bank of Detroit (1961), Alikasovich v. Manufacturers National Bank of Detroit (1960)
26 federal appellate · 6 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
Applies 11 U.S.C. § 110
Relies on Karst v. . Gane · President & Directors of the Manhattan Co v. Laimbeer · Tooker v. . Siegel-Cooper Co. · In re Myers
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The trustee, as to all property, whether or not coming into possession or control of the court, upon which a creditor of the bankrupt could have obtained a lien by legal or equitable proceedings at the date of bankruptcy, shall be deemed vested as of such date with all the rights, remedies, and powers of a creditor then holding a lien thereon by such proceedings, whether or not such a creditor actually exists.”
4 later decisions quote this exact passage · from the majority“* * * under § 70, sub. c of the Bankruptcy Act the Trustee was entitled to be put in the position of an `ideal' hypothetical creditor — Hoffman v. Cream-O-Products, 2 Cir., 180 F.2d 649 , certiorari denied 1950, 340 U.S. 815, 71 S.Ct. 44, 95 L.Ed. 599 * * *.”
3 later decisions quote this exact passage · from the majority“Under Sec. 70 of the Bankruptcy Act, 11 U.S.C.A. § 110 * * * the trustee is vested * * * under subsection c, with `all the rights, remedies, and powers of a creditor then holding a lien * * * whether or not such a creditor actually exists.' * * * From the time of the filing of the petition, the assets are in custodia legis and over them the bankruptcy court has exclusive jurisdiction and the sole right to determine the validity of any and all alleged liens thereon. * * * 53 "So here, when the trustee in bankruptcy was appointed, his title to all assets in the bankrupt's custody, possession or control passed to him; and, in addition, he was vested with all the rights of judgment creditors armed with execution liens. The court thereby obtained jurisdiction of the rem, exclusive custody over it.”
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.