Bailey v. Baker Ice Machine Co.’s Empirical Analysis

Citation profile

264 federal appellate · 101 district · 100 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 607 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Here the contract was made October 14, 1911, and filed for record May 15,1912. In the meantime no creditor fastened a lien upon the property by execution, attachment, or other legal process. But it is contended that section 47a, clause 2, of the Bankruptcy Act, as amended in 1910, 36 Stat. 838 , 840, c. 412, gave the trustee the status of a creditor having such a lien. That section provides that a trustee in bankruptcy, ‘as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings.’ Although otherwise explicit, this provision does not designate the time as of which the trustee is to be regarded as having acquired the status indicated, and yet some point of time must be intended. Is it the date of the trustee’s appointment, the filing of the petition in bankruptcy, or some time anterior to both? When not otherwise specially provided, the rights, remedies and powers of the trustee are determined with reference to the conditions existing when the petition is filed. It is then that the bankruptcy proceeding is initiated, that the hands of the bankrupt and of his creditors are stayed and that his estate passes actually or potentially into the control of the bankruptcy court. We have said: ‘The filing of the petition is an assertion of jurisdiction with a view to the determination of the status of the bankrupt and a settlement and”

   12 later decisions quote this exact passage · from the majority
   e.g. White v. Stump · Martin v. Commercial Nat. Bank of Macon

2. ““If a bankrupt shall have * * * made a transfer of any of his property, and If, at the time of the transfer, * * * or of the recording or registering of the transfer If by law recording or registering thereof is required, and being within four months before the filing of the petition in bankruptcy or after the filing thereof and before the adjúdication, the bankrupt be insolvent and the * * * transfer then, operate as a preference, and the person receiving it or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such * * transfer would effect a preference, it shall be voidable by the trustee and ho may recover the property or its value from such person.””

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Commercial Nat. Bank of Macon

3. ““Had it been intended that the trustee should take the status of a creditor holding a lien by legal or equitable process as of a time anterior to the initiation of the bankruptey proceeding, it seems reasonable to believe that some expression of that intention would have been embodied in § 47a as amended. As this was not done, we think the better view, and one which accords with other provisions of the act, is that the trustee takes the status of such a creditor as of the time when the petition in bankruptcy is filed. Here the petition was filed almost two months after the contract was filed for record, and therefore the trustee was not entitled to assail it under the recording law of the state.””

   1 later decision quote this exact passage · from the majority
   e.g. 5 F. Supp. 234 - Hirschfeld v. Nogle