City Bank Farmers Trust Co. v. Irving Trust Co.’s Empirical Analysis

Citation profile

67 federal appellate · 6 district · 12 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 203 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he amount of the landlord’s claim for the loss of his lease necessarily is the difference between the remainder of the term and the rent reserved both discounted to present worth.”

   5 later decisions quote this exact passage · from the majority
   e.g. Belz Inv. Co. v. Commissioner · Massachusetts Mutual Life Insurance v. Good Hope Industries, Inc. (In Re Good Hope Industries, Inc.)

2. ““Section' 63a of the Bankruptcy A.ct of 1898 stated what claims should be provable in bankruptcy. The section gave a landlord no provable claim for rent to accrue after the trustee’s rejection of a lease. The tenant’s liability for future rent was not discharged and remained enforceable as installments of rent fell due. This was necessarily so, since future rent is demandable only in the amounts and at the times named in the lease and the total cannot be recovered at law in a lump sum in advance of accrual of the installments'. This state of the law' involved elements of hardship to both lessor and lessee. In the case of a corporate, and often in that of an individual lessee, the landlord's right to collect rent from a bankrupt tenant was valueless. On the other hand, if the landlord, notwithstanding rejection by the trustee, was compelled by its terms, or elected pursuant to its provisions, to treat the lease as still in force, he might throughout the remainder of the term harass the discharged bankrupt by successive, actions for accruing rent and’ so retard or prevent' the debtor’s financial rehabilitation which the statute was intended to aid. “Many leases provide for the termination of the tenant’s estate upon his adjudication as a bankrupt, by the lessor’s re-entry. Under the old law such termination did not give rise to a provable claim for future rent, or for * * * indemnity. * * * Under the old law the rejection of a lease by a trustee in bankruptcy was not a breach o”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Benguiat · 2009 WI App 57 - ADMANCO, INC. EX REL. POLSKY v. Stanton

3. “[i]n case an executory contract or unexpired lease of real estate shall be rejected ... any person injured by such rejection shall, for all purposes of this section and of the reorganization plan, its acceptance and confirmation, be deemed to be a creditor. The claim of a landlord for injury resulting from the rejection of an unexpired lease of real estate or for damages or indemnity under a covenant contained in such lease shall be treated as a claim ranking on a parity with debts which would be provable under section 103(a) of this title, but shall be limited to an amount not to exceed the rent, without acceleration, reserved by said lease for the three years next succeeding the date of surrender of the premises to the landlord or the date of reentry of the landlord, whichever first occurs, whether before or after the filing of the petition, plus unpaid rent accrued up to such date of surrender or reentry.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kuehner v. Irving Trust Co. · In Re Danrik, Ltd.