In re Kerr’s Empirical Analysis
1939
Citation profile
2 state decisions
How this case has been cited
Cited by 3 later decisions — most recently November 2004
2 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 City Bank Farmers Trust Co. v. Irving Trust Co. · 16 E.H. Smith 388 - Gray v. Kaufman Dairy & Ice Cream Co. · Bonsignore v. Koondel · In re the Estate of Goldburg · In re the Estate of Adams
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The courts of New York hold that in the absence of an express provision in the lease authorizing the landlord to relet the making of a new lease is an acceptance of surrender of a then existing lease. Gray v. Kaufman Dairy Co., 162 N.Y. 388 , 56 N.E. 903 ----However, in the case at bar the landlord entered into a lease extending beyond the term of the bankrupts’ lease. In making such a lease the New York courts say that the landlord will be presumed to be acting for his own account and to have recognized a surrender of the premises in the absence of consent to such reletting. Brill v. Friedhoff, 192 App. Div. 802 , 183 N.Y.S. 463 [1920]; Matter of Adams’s Estate, 149 Misc. 289 , 267 N.Y.S. 910 ; Matter of Goldburg’s Estate, 148 Misc. 607 , 266 N.Y.S. 106 ; Bonsignore v. Koondel, 134 Misc. 344 , 235 N.Y.S. 453 . [Id. at 415-16]. 12”
1 later decision quote this exact passage · from the majoritye.g. Millison v. Clarke
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.