In Re Duncan’s Empirical Analysis
1940
Citation profile
14 federal appellate · 2 district ·
Relationships
Relies on Continental Illinois Nat Bank Trust Co of Chicago v. Chicago R I & P Ry Co · Wright v. Vinton Branch of Mountain Trust Bank · Wright v. Union Central Life Insurance · Van Huffel v. Harkelrode · John Hancock Mut Life Ins Co v. Bartels
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The court may * * * upon notice and for cause shown, enjoin or stay until final decree * * * the commencement or continuation of any proceeding to enforce any lien upon the property of a debtor.””
3 later decisions quote this exact passage · from the majoritye.g. In re Cheetham · In Re Copes“"The law does not favor forfeitures and it was not unreasonable to infer from the circumstances acquiescence by the bank in the debtor's default, or at least that the bank did not regard the default as seriously affecting its security for payment of the debt."”
2 later decisions quote this exact passage · from the majority“If the court can, upon conditions reasonably certain to protect the mortgage creditor, stay the enforcement of a mortgage upon a farm for a period not exceeding three years [under former section 75(s) of the Bankruptcy Act], it is not apparent why it may not under the provisions of Chapter 13, stay the enforcement of a conditional sales contract for a modern household necessity such as a frigidaire for a shorter period upon a reasonable condition that the wage-earner shall regularly make his monthly payments in accordance with the contract until the balance due is paid, or if he fails to do so, the creditor may apply for a vacation of the stay and the enforcement of its rights under the contract.”
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.