In re Mayflower Hat Co.’s Empirical Analysis
65 F.2d 330 · 1933
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 14 later decisions — most recently December 2015
7 federal appellate · 1 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 In re Lewensohn · In re Ruhlman · In re Van De Mark · In re Lazoris · In re Lloyd
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Bankruptcy Act (see 11 U.S. C.A.) contemplates that creditors at their meetings may be represented by their agents, attorneys, or proxies. And creditors may vote at such meetings by their duly authorized representatives. In re Ruhlman, [2 Cir.] 279 F. 250 . A person otherwise qualified may act as trustee notwithstanding the fact that he is a creditor. In re Lewensohn, D.C., 98 F. 576 . See, also, In re Callahan, [1 Cir.] 242 F. 479 . Unless it is done in the interest of the bankrupt or of some one other than a .general creditor to enable him to control the election, it is proper to solicit claims. In re Margolies, D.C., 191 F. 369 ; In re Parsons Mfg. Co., D.C., 247 F. 126 ; In re Lloyd, D.C., 148 F. 92 . In speaking of this, Remington says: ‘Indeed, it is only by solicitation of claims, oftentimes, that the nefarious operations of some improper organization for controlling the choice of trustee in the interests of the bankrupt or of some preferred creditor, can be thwarted.’ Remington on Bankruptcy (3d Ed.) § 1100. Like so many other things, whether solicitation of claims is to be condemned or not depends upon the purpose to be achieved and not upon the mere act itself. (Italics added.) “There is nothing in the Bankruptcy Act to prevent a creditor voting for himself for the office of trustee. On principle, it cannot be perceived why the agent of a creditor should not be permitted to vote as the creditor might. If so, he is not disqualified to vote for himself or disqual”
2 later decisions quote this exact passage · from the majority““As Hirsch is not an attorney at law, he is not forbidden to solicit claims for collection either in bankruptcy or otherwise.””
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.