Breit v. Moore’s Empirical Analysis

Citation profile

3 federal appellate · 5 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No review of the foregoing findings, conclusions, or judgment was sought. Becoming final, and Breit refusing to return the money so received by him as a preference, the trustee brought this suit thereon in the court below to recover the amount. The answer of Breit containing no denial of the judgment or of any of the proceedings on which it was based, the court below rightly gave the complainant judgment on the pleadings. Breit was no stranger to Ute proceedings before the referee. On the contrary, he presented his claim, contested the preference alleged to have been received by him, introducing proof in beliali.' of his contention, and tiien abided by the findings and deci-sión against him. lie thus had a trial before a competent officer of ids own selection of the issue he now claims the right to have tried by a jury. The conclusive answer is that he is concluded by the adverse decision of the referee in which he acquiesced. In such circumstances, that the court below had jurisdiction of the suit of the trustee to recover the property of the bankrupt unlawfully turned over to Breit is sufficiently shown by the decisions of the Supreme Court in the cases of Bardes v. Hawarden Bank, 178 U. S. 524 , 4 Am. Bankr. Rep. 163, 20 Sup. Ct. 1000 , 44 L. Ed. 1175 , and Hicks v. Knost, 178 U. S. 541 , 4 Am. Bankr. Rep. 178, 20 Sup. Ct. 1006 , 44 L. Ed. 1183 .””

   1 later decision quote this exact passage · from the majority
   e.g. McCulloch v. Davenport Savings Bank