Holt v. Albert Pick & Co.’s Empirical Analysis
25 F.2d 378 · 1928
Citation profile
2 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 4 later decisions — most recently March 1957
2 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Walker v. Brown · Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting Company · Anderson v. Forty-Two Broadway Co. · National Bank v. Shackelford · McCown v. Schrimpf
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Had the appellee recorded his chattel mortgage in accordance with the provisions of this statute, none of the questions here presented would have arisen, but this was not done. It seems clear from the evidence that the failure to record the mortgage resulted from the requests of J. F. Somers to the appellee’s general manager not to do so, and was for the purpose of not injuring Somers’ credit. An agreement to conceal the existence of a lien of this character, while giving possession of the property to the vendee, with its attendant inducement to the giving of credit to the vendee by innocent third parties, is repugnant to both law and equity. "* * * * * * “As far as the third party creditors, without notice as to the conditions surrounding the purchase and transfer of the property and without notice as to the chattel mortgage are concerned, the Somers Hotel System, Incorporated, was in possession of the oroperty, was apparently the owner of the property, and was entitled to credit on- the strength of such ownership. Whatever equities may arise out of the mortgage transaction are confined in their effect to the immediate parties, and ‘could not operate to estop the trustee in bankruptcy, representative of the interests of creditors for whose protection the recording act was passed.’ Fairbanks Steam Shovel Co. v. Wills, 240 U.S. 642 , 36 S.Ct. 466 , 60 L.Ed. 841 . “J. F. Somers himself testified that 'the general manager of Albert Pick & Co. agreed not to record the mor”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.