Van Iderstine v. National Discount Co.’s Empirical Analysis

Citation profile

88 federal appellate · 19 district · 17 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 215 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One is inherently and always vicious; the other innocent and valid, except when made in violation of the express provisions of a statute. One is malum per se and the other malum prohibitum, -and then only to the extent that it is forbidden. A fraudulent conveyance is void regardless of its date; a preference is valid unless made within the prohibited period.”

   8 later decisions quote this exact passage · from the majority
   e.g. Huffman v. Perkinson · Fifth Third Nat. Bank v. Johnson

2. ““Cases, under the present statute, like In re Beerman [D. G.] 112 Fed. 663 , relied on by the trustee, relate to transactions in which the mortgagee was practically the representative of the preferred creditor and where consequently the conveyance was as much subject to attack as though it had been made directly to him. But here the discount company was not a creditor of Fellerman & Son and had no relation with the person to whom the money was paid. National Bank of Newport v. National Bank of Herkimer, 225 U. S. 178 [ 32 Sup. Ct. 633 , 56 L. Ed. 1042 ]. The transfer, therefore, was not a preference to the discount company and could not be set aside without proof that it knew that Fellerman not only intended to pay some of his creditors but to defraud others.””

   1 later decision quote this exact passage · from the majority
   e.g. Walters v. Zimmerman

3. “The transfer, therefore, was not a preference to the Discount Company, and could not be set aside without proof that it knew that Fellerman [the debtor] not only intended to pay some of his creditors, but to defraud others.”

   1 later decision quote this exact passage · from the majority
   e.g. Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)