Smith v. Patterson’s Empirical Analysis

Citation profile

4 federal appellate · 1 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. ““The intention of this statute is manifest. Before the assignee can lawfully take possession of the property assigned, he must file an inventory of the property conveyed to him. and execute a bond to faithfully perform his duties. The object of this provision is the protection of creditors and the prevention of fraud. The inventory is to show the property assigned, and the bond to' secure all the parties concerned against loss on account of the failure of the assignee to perform his duties; and.both are required to be filed before the assignee can lawfully have an opportunity to make a fraudulent disposition of the property. Until they are filed it is the duty of the assignor to retain possession and control and take care of and protect Uie property. The delivery of possession to the assignee for any purpose prior to the time fixed by law, which would enable him to do wliat the statute intended to prevent, would be clearly unlawful. The ixuipose can avail nothing if the possession given afforded the assignee the opportunity to commit frauds that the statute intended to prevent by requiring the bond and inventory to be filed first.””

   1 later decision quote this exact passage
   e.g. Badgett v. Johnson-Fife Hat Co.