Henderson v. Samuel Mayer’s Empirical Analysis

Citation profile

63 federal appellate · 36 district · 21 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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The provisions of the Bankruptcy Act, preventing an insolvent from giving or the creditor from securing preferences for pre-existing debts, apply net only to mortgages and transfers voluntarily made by the debtor, but also to those preferences which are obtained through legal proceedings, whether the lien dates from ilie entry of the judgment, from the attachment before judgment, or, as in some states, from the levy of execution after judgment. But the statute was not Intended to lessen rights which already existed, nor to defeat those inchoate liens given by statute, of which all creditors were hound to take notice and subject to which they are presumed to have contracted when they dealt with the insolvent.””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Grovenstein-Bishop Co. · Joseph Nelson Supply Co. v. Leary

2. ““The fact that the warrant could be levied upon property which had never been on the rented premises does not change the nature of the landlord’s right, though it may increase the extent of his security. The statutory restrictions as to date, rank, and priority may he important in a controversy with other lienholders, but were wholly immaterial in this contest between the landlord and trustee, where the lutter was only representing general creditors. As against them tile landlord had from the beginning of the tenancy the right to a statutory lien, which had completely ripened and attached before the filing of the petition in bankruptcy. The priority arising from the levy of the distress warrant was not secured because Mayer had been first in a race of diligence, hut was given by law because of the nature of the claim and the relation between himself as landlord and Bums as tenant. In issuing the distress warrant the justice acted ministerially. Savage v. Oliver, 110 Ga. 080 Lot! S. E. 54]. The sheriff was not required to return it to any court, and no judicial hearing or action was necessary to authorize him fo sell for the purpose of realizing funds with which to pay the rent. Such a lien was not created by a judgment now ‘obtained, through legal proceedings.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Grovenstein-Bishop Co. · Jones v. Ford

3. “statutory liens in favor of employees, contractors, mechanics, landlords, or other classes of persons, and statutory liens for taxes and debts owing to the United States or any State or subdivision thereof, created or recognized by the laws of the United States or of any State, may be valid against the trustee, even though arising or perfected while the debtor is insolvent and within four months prior to the filing of the petition in bankruptcy or of the original petition under chapter 10, 11, 12, or 13 of this title, by or against him. Where by such laws such liens are required to be perfected and arise but are not perfected before bankruptcy, they may nevertheless be valid, if perfected within the time permitted by and in accordance with the requirements of such laws, except that if such laws require the liens to be perfected by the seizure of property, they shall instead be perfected by filing notice thereof with the court.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Taylorcraft Aviation Corporation · In re Consolidated Container Carriers, Inc.