Davis v. Willey’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 3 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well established that the effect of this section (§ 70e) is to clothe the trustee with no new or additional right in the premises over that possessed by a creditor, but simply puts him in the shoes of the latter, and subject to the same limitations and disabilities that would have beset the creditor in the prosecution of the action on his own behalf ; and the rights of the parties are to he determined, not by any provision of the Bankruptcy Act, hut by the applicable principles of the common lam, or the lams of the state in mhich the right of action may arise. In other words, the Bankruptcy Act merely permits the trustee to assert the rights which the creditor could assert but for the pendency of the bankruptcy proceedings, . . (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. McConnico v. Third National Bank in Nashville