Bostwick v. . Menck’s Empirical Analysis

Citation profile

3 district · 28 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘“He-aequires no right to the property (fraudulently assigned) by succession to the rights of the debtor ; * * * no rights (i. e., of property) other than those of the .debtor are acquired. He does not acquire the legal title to such property by his appointment. That is confined to property then owned by the debtor; and the fraudulent transferee of property acquires a good title thereto as against the debtor and all other persons, except the creditors of the transferror. The only right of the receiver is, therefore, as trustee of the creditors. The latter have the right to set aside the transfer and to recover the property from the fraudulent holder ; and the receiver is by law invested with all the rights of all the creditors represented by him in this respect. It is clear that the right of the receiver, representing the creditors and acting in their behalf, is no greater than that of the creditors.” “They, (the assignees,)” he continues, “have the right to retain the property until the superior right of creditors to divest them of it is shown. This right of creditors they have the right to litigate in respect to each creditor. ” Pages 385, 386.”

   1 later decision quote this exact passage
   e.g. Olney v. Tanner