In re Barrett & Co.’s Empirical Analysis
27 F.2d 159 · 1928
Citation profile
7 federal appellate · 3 district ·
How this case has been cited
Cited by 12 later decisions (1 by the Supreme Court) — most recently November 1970
7 federal appellate · 3 district ·
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
Applies 11 U.S.C. § 103
Relies on Peck v. Jenness · Crawford v. Burke · Eyster v. Gaff · Boynton v. Ball · Fonda
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law is well settled that the trustee may, subject to the court’s order, ‘exercise his own judgment with reference to defending a suit against the bankrupt at the time of the bankruptcy proceeding, and it is not necessarily his duty in such matters to fol low the wishes of a majority in number and amount of the creditors.’ The trustee is not bound to intervene unless so ordered by the bankruptcy court; otherwise he may or may not decide to defend, depending upon the circumstances. When in doubt, however, he should report at a meeting of creditors for instructions. A trustee cannot be compelled by a plaintiff to intervene; and although a plaintiff may obtain leave of the bankruptcy court to make the trustee a party, he cannot be compelled to make any active defense unless so directed by the bankruptcy court.” Collier on Bankruptcy, Vol. 1, § 11.09, p. 1168. “Where the suit is one in personam against the bankrupt, which the bankruptcy court has not stayed, the court often will not order the trustee or receiver to defend such a suit since the estate will not be affected.” Collier on Bankruptcy, Vol. 1, § 11.09, p. 1172. “Accordingly, the lower federal court cases must be looked to, and from them it appears that the weight of authority is that an in personam judgment obtained in a suit pending at the time the bankruptcy proceedings were instituted does not bind a trustee in bankruptcy as to the validity of the claim where he was not made a party to the suit nor directed by th”
1 later decision quote this exact passage · from the majoritye.g. Marks v. Brucker
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.