3 E.H. Smith 117 - Tompkins v. . Hunter’s Empirical Analysis
1896
Citation profile
1 district · 44 state decisions
How this case has been cited
Cited by 51 later decisions (1 by the Supreme Court) — most recently May 2000 · most notably National City Bank v. Hotchkiss (1913), Van Iderstine v. National Discount Co. (1913)
1 district · 44 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 Union Nat Bank of Chicago v. Bank of Kansas City · Karst v. . Gane · McCluskey v. . Cromwell · Williams v. . Whedon · Newell v. People Ex Rel. Phelps
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Prior to the amendment of 1887, an insolvent debtor had the right to sell and transfer the whole or any portion of his property to one or more of his creditors in payment of, or to secure, Ms debts, when that was Ms honest purpose, although the effect of the sale or transfer would be to place Ms property beyond the reach of other of Ms creditors, and render their debts uncollectible. Murphy v. Briggs, 89 N. Y. 446, 452 ; Knapp v. McGowan, 96 N. Y. 75, 86 ; Remington Paper Co. v. O’Dougherty, 36 Hun, 79 , affirmed 99 N. Y. 673 ; Williams v. Whedon, 109 N. Y. 333, 337 [ 16 N. E. 365 , 4 Am. St. Rep. 460 ]; Citizens’ Bank v. Williams, 128 N. Y. 77 [28 N. E.'33, 26 Am. St. Rep. 454 ]; McNaney v. Hall, 86 Hun, 415, 419 [ 33 N. Y. Supp. 518 ]. That right existed at common law as an incident to the right of property. It was as complete and perfect as the right to acquire and enjoy it. Indeed, it was upon the principle that a person might acquire, enjoy, and dispose of his property that his right to make a general assignment rested.””
1 later decision quote this exact passage“If [those words] have a definite meaning, which involves no absurdity or contradiction, there is no room for construction and courts have no right to add to or take away from that meaning.”
1 later decision quote this exact passage“resort . . . to the natural signification of the words employed.”
1 later decision quote this exact passage
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.