Johnson v. Collier’s Empirical Analysis

Citation profile

40 federal appellate · 14 district · 58 state decisions

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

1. ““If, because of the disproportionate expense, or uncertainty as to the result, the trustee neither sues nor intervenes, there is no reason why the bankrupt himself should not continue the litigation.” Johnson v. Collier, 222 U.S. 538, 540 , 32 S.Ct. 104, 105 , 56 L.Ed. 306 (1912).”

   2 later decisions quote this exact passage · from the majority
   e.g. Emerson v. A. E. Hotels, Inc. · In Re Wilson

2. ““But the statute is otherwise silent as to the right of the bankrupt himself to begin a suit in the time which intervenes between the filing of the petition and the election of the trustee. * * * “While for many purposes the filing of the petition operates in the nature of an attachment upon choses in action and other property of the bankrupt, yet his title is not thereby devested. He is still the owner, though holding in trust until' the appointment and qualification of the trustee, who thereupon becomes ‘vested by operation of law with the title of the bankrupt’ as of the date of adjudication. (§ 70 [Bankr.Act, 11 U.S.C.A. § 110 ]) “Until such election the bankrupt has title,—defeasible, but sufficient to authorize the institution and maintenance of a suit on any cause of action otherwise possessed by him. It is to the interest of all concerned that this should be so. There must always some time elapse between the filing of the petition and the meeting of the creditors. During that period it may frequently be important that action should be commenced, attachments and garnishments issued, and proceedings taken to recover what would be lost if it were necessary to wait until the trustee was elected. The institution of such suit will result in no harm to the estate.” Johnson and William Chandler, Plffs. in Err. v. B. T. Collier, 222 U.S. 538 , 32 S.Ct. 104 , 56 L.Ed. 306, 307 .”

   1 later decision quote this exact passage · from the majority
   e.g. Casey v. Cooledge

3. “He [the debtor] has an interest in making the dividend for creditors as large as possible, and in some states the more direct interest of creating a fund which may be set apart to him as an exemption .... [I]f money is finally recovered, it will be for the benefit of the estate. Nor is there any merit in the suggestion that this might involve a liability to pay both the bankrupt and the trustee. The defendant in any such suit can, by order of the bankrupt court, be amply protected against any danger of being made to pay twice.”

   1 later decision quote this exact passage · from the majority
   e.g. Bailey v. Household Finance Corp. (In Re Bailey)