In Re Black’s Empirical Analysis
1974
Citation profile
3 federal appellate · 1 district ·
How this case has been cited
Cited by 42 later decisions — most recently October 1996 · most notably Heinold Commodities & Securities, Inc. v. Hunt (In Re Hunt) (1983), H. C. Prange Co. v. Schnore (In Re Schnore) (1981)
3 federal appellate · 1 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
Relies on Davison-Paxon Co. v. Caldwell · Davison-Paxon Co. v. Caldwell
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Each time they presented their credit cards and signatures for the purchases in question, the Blacks impliedly represented to Kohl’s that they had the wherewithal, as well as the intention, to pay for them. To the extent that they had kept their Kohl’s credit account current until then, the Blacks engaged in a course of conduct and represented themselves in a manner upon which Kohl’s relied. The Blacks’ active purchasing conduct and the symbolic representations involved in the use of their credit card constituted á form of fraud on the store. Had the Blacks represented, orally or in a separate writing, at the time of their purchases that they could and would pay for them, it is clear that such representations would have been false for purposes of § 17a(2). The fact that they utilized their credit cards and signatures alone should not change the result.””
4 later decisions quote this exact passage · from the majority“Mr. Black’s testimony, as well as the exhibits, establish the fact that Mr. and Mrs. Black were insolvent as of Novem ber 14, 1972, when they authorized their attorney to prepare their bankruptcy papers. The circumstances surrounding their purchases make it convincingly clear that the Blacks had no intention to pay for them. Those portions of their testimony in which the Blacks attempted to explain away their extensive purchases during the period in question are incredible.”
1 later decision quote this exact passage · from the majority“are liabilities for obtaining money or property by false pretenses or false representations, or for obtaining money or property on credit or obtaining an extension or renewal of credit in reliance upon a materially false statement in writing respecting his financial condition made or published or caused to be made or published in any manner whatsoever with intent to deceive....”
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.