Wyeth Hardware Co. v. Standard Implement Co.’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 3 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While it cannot be said that the debtor has in fact surrendered dominion’ over lila property until the assignment is complete, as from the purely voluntary nature of the transaction he may at any time before the final act change Ms mind and refuse to complete it, yet, being completed, we think it ought to be held to relate back to the time when it was actually commenced? and cover all intervening transactions. The act of making the assignment embraces the preparation and execution of the necessary instruments; and whether that takes a long or a short time, it certainly must all be treated as one continuous act. To say that the debtor’s surrender for his absolute control over the disposition of his property is to he dated from the time he actually commences to make the assignment, is to give to the entire transaction the character of good faith, and make it in fact what it purports to be, an effort to secure to all his creditors that equal consideration contemplated by the statute. But to hold that while he is thus engaged he may at the same time successfully prefer favorite creditors is to hold that he may at one and the same time do two exactly contradictory acts. It is to hold that he may be engaged in making a voluntary assignment for the benefit of all his creditors, insuring the equal distribution of all his property among all of them, without preference, and also in securing to some of those ereditors-payment in full of their claims to the exclusion of others; somethin”

   1 later decision quote this exact passage · from the majority
   e.g. Clingman v. Miller

2. ““Every voluntary assignment of lands, tenements, goods, chattels, effect» and credits made by a debtor to any person in trust for his creditors shali be for the benefit of all the creditors of the assignor, in proportion to their respective claims; and every such assignment shall be proved or acknowledged and certified and recorded in the same manner as is prescribed by law in cases wherein real estate is conveyed.””

   1 later decision quote this exact passage · from the majority
   e.g. Clingman v. Miller