First Nat. Bank v. Phalen’s Empirical Analysis
62 F.2d 21 · 1932
Citation profile
12 federal appellate · 3 district ·
How this case has been cited
Cited by 29 later decisions — most recently December 2023 · most notably McCuskey v. National Bank (1988), Smith Jd Gl Boyer
12 federal appellate · 3 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 National Bank of Newport v. National Herkimer County Bank of Little Falls · Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co. · Citizens' Nat. Bank v. Lineberger · Mason v. National Herkimer County Bank of Little Falls · Olmstead v. Massachusetts Trust Co.
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“What difference then does it make whether the checks were handed directly to the bank, or that they went through the form of having Adam indorse the insurance company's check, as well as Bert's own check which had been drawn payable to Adam? * * * The form is immaterial. Indeed, the very form employed quite conclusively indicates the intent of Bert and Adam to have it appear from the instrumentalities themselves that the funds originated with Bert and passed to the bank, for application on the note, without the purpose or the effect of the money coming, even momentarily, under Adam's actual control.”
1 later decision quote this exact passage · from the majoritye.g. Jackson v. Flohr“The bank’s situation was not thereby improved, save only that it obtained cash in exchange for the liability of this solvent surety whose assets were the sole source of payment — assets in which no other of [Debtor’s] creditors had the remotest claim or interest. Id. It is well settled that, where payment by an insolvent debtor to a creditor does not diminish the debtor’s estate available for his general creditors, the payment is in no event preferential. Id.”
1 later decision quote this exact passage · from the majority“[t]he law has regard for substance, rather than ‘shades or shadows,’ and the mere fact that the money, under the circumstances, was credited to the company, did not make it the funds of the company, and liable to be distributed among its creditors in the event of its being adjudicated a bankrupt.”
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.