Liberty Nat Bank of Roanoke Va v. Bear’s Empirical Analysis
265 U.S. 365 · 1924
Citation profile
39 federal appellate · 13 district · 36 state decisions
How this case has been cited
Cited by 144 later decisions (10 by the Supreme Court) — most recently June 2013 · most notably Liberty National Bank v. Bear (1928), Myers v. International Trust Co. (1927)
39 federal appellate · 13 district · 36 state decisions — followed in 15 states
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.
Appellate journey
reviewedthe decision below (from Fourth Circuit Court of Appeals)
Relationships
Relies on Taubel-Scott-Kitzmiller Co. v. Fox · Francis v. McNeal · Hecht v. Malley · Gratiot County State Bank v. Johnson ex rel. St. Louis Chemical Co.
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 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““1. To invalidate the lien o'f a judgment under' § 67f of the Bankruptcy Act, he who challenges it must show not only that the judgment was recovered' within four months prior to the' filing of the petition in bankruptcy, but also, by pleading and proof, that the judgment debtor was insolvent when the lien was obtained. “2. Assuming (but not deciding) that the adjudication of the bankruptcy of a partnership necessarily adjudges the partners, as individuals, bankrupt, it raises no presumption that théy were insolvent for ¡any ¡period before the petition in bankruptcy was filed. “3. Nor does the fact that sales of the property' of the partnership and partners,, made some months later by .the trustee in bankruptcy, did not realize enough to pay for the ¡partnership or individual debts, establish that the partners were insolvent at a time anterior to the filing of the bankruptcy petition'. ””
1 later decision quote this exact passage · from the majoritye.g. Lester v. Thomas““The insolvency of the partnership at the date of the judgment seems to have been assumed in the court below. At any rate, no issue of solvency or insolvency at the date of the judgment appears to have been made. We express no opinion as to the existence of such insolvency or its effect.””
1 later decision quote this exact passage · from the majority“adjudication of the partnership was necessarily an adjudication of the bankruptcy of the individuals composing it, and that . . . the lien of a judgment obtained within four months of the filing of the petition against the partnership was lost by the adjudication.”
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.