Henry Friend v. James Talcott’s Empirical Analysis

Citation profile

43 federal appellate · 22 district · 77 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 195 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Confirmation of a composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Natow Bros. · Friend v. Talcott

2. ““This being the case, it is urged that an election and waiver resulted from the act of the debtor in proving bis claim as on contract and thus taking advantage of the bankruptcy .proceedings and thereby obtaining rights or benefits which he would not have had if he had stayed out and thus saved his right to be freed from the operation of the discharge. But this distinction is also wholly without foundation. Its error lies in assuming that the right which the bankrupt act confers upon enumerated classes of debts to be exempt from the operation of a discharge rests upon the. conception that such debts are exempt because they are excluded from the act and may not participate in the distribution of assets. That is to say, the confusion lies in not distinguishing between creditors who are excluded from the bankrupt act and those who, although included therein, have had conferred upon them the benefit of an exception from the operation of the discharge. Even' a superficial analysis of the text of the Bankruptcy Act will make this dear. Thus sections 63a and 63b (30 Stat 562) enumerate the debts which may be proved and which are therefore entitled to participate in the benefits of the act and are bound by its provisions, including a discharge. Section 17 ( 30 Stat. 550 ) enumerates the debts not affected by a discharge; that is, those exempted from its operation. It is apparent that the exemptions do not rest upon any theory of the exclusion of the creditor from the bankrupt act or ”

   1 later decision quote this exact passage · from the majority
   e.g. In re Menzin

3. “■ “ It is elaborately argued, however, that whatever be the infirmity of the decree of confirmation as res judicata in the complete sense, that decree was necessarily binding in so far as it established relevant facts which were at issue between the parties and therefore is here conclusive. But the proposition rests upon an unfounded assumption, as nothing'in the assertion of the right to be exempt from the operation of the discharge here relied upon involves a traverse or denial of any relevant fact established as a result of the approval of the composition. On the contrary, as we have seen, the facts here relied upon to establish the exemption from discharge, are the facts, which were conceded to exist and were not traversed for the purpose of the hearing on the composition.””

   1 later decision quote this exact passage · from the majority
   e.g. Myers v. International Trust Co.