Gerdes v. Lustgarten’s Empirical Analysis
266 U.S. 321 · 1924
Citation profile
36 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 102 later decisions (21 by the Supreme Court) — most recently July 1993 · most notably Maggio v. Zeitz (1948), McCardle v. Indianapolis Water Co. (1926)
36 federal appellate · 12 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.
Appellate journey
reviewedIn re B. & R. Glove Corp. (from Second Circuit Court of Appeals)
Relationships
Relies on Cole v. Ralph · Lutcher & Moore Lumber Co. v. Knight · Brown v. Fletcher · Marconi Wireless Telegraph Co. of America v. Simon
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The only essentials to the statutory bar . are (a) that the written statement was made for the purpose of obtaining credit; (b) that it was materially false; and (c) that the credit was obtained upon it. If these are established the vice inherent in the original falsity of the statement is not remedied by the lapse of time; and if the creditor extends credit upon such a false statement while it is still in force and binding upon the bankrupt, within the time in which he intended it should serve that end, it does not lie in his mouth to say that by reason of extrinsic circumstances the creditor was not justified in relying upon it. In short, the lapse of time is only material in determining whether credit was extended within the period intended, while the statement was still binding on the bankrupt, and whether the creditor in fact extended credit upon the faith of the statement.”
1 later decision quote this exact passage · from the majority“it had no right so to do, since in view of the financial depression prevailing in 1920, the 'reasonable time' for which the statement remained a 'continuing statement' had expired when the credits were extended.”
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.