Weaver v. Hutson’s Empirical Analysis
459 F.2d 741 · 1972
Citation profile
12 federal appellate · 1 state decisions
How this case has been cited
Cited by 42 later decisions — most recently April 2009 · most notably Queens Boulevard Wine & Liquor Corp. v. Blum (1974), Kopelman v. Halvajian (1981)
12 federal appellate · 1 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
Applies 11 U.S.C. § 110 · 11 U.S.C. § 501
Relies on Smith v. Hoboken Rr Warehouse & Ss Connecting Co · Finn v. Meighan · Fairchild Realty Co. v. Spiegel, Inc. · No. 14667
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.
““The fundamental bases [sic] of decision throughout was that the Landlords’ insistence upon a forfeiture was highly unconscionable and inequitable in the circumstances — a demand for blood. The conclusion generally was that as a court of equity the bankruptcy court had the discretion and power to refuse enforcement of [the forfeiture provision], . . . Furthermore, we declined forfeiture in the circumstances as defeating the reorganization aims of Chapter X.” 459 F.2d at 745 .”
1 later decision quote this exact passage · from the majority“This lease shall be terminated by any act of the Tenant, the result of which would be to pass by operation of law, or otherwise, any interest of estate in the leased premises to any Trustee or Receiver in bankruptcy...”
1 later decision quote this exact passage · from the majority“... an express covenant that an assignment by operation of law or the bankruptcy of a specified party thereto or of either party shall terminate the lease or give the other party an election to terminate the same....”
1 later decision quote this exact passage · from the majoritye.g. In Re Moore
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.