Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc.’s Empirical Analysis
700 F.2d 858 · 1983
Citation profile
1 federal appellate · 2 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1441
Relies on Burchett v. Roncari · In Re Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, Trustee · Chambers v. Blickle Ford Sales, Inc. · William M. Raveis & Associates, Inc. v. Kimball · Clime v. Gregor
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“while a debt is not due if it does not arise until the occurrence of a condition precedent ..., a debt is due and garnishable even though the debt may 'be defeated by a condition subsequent.' " Id. at 862 (citations omitted). The opinion continued: 11 Thus, it is possible to say, as the District Court did, that the $45,789.11 in the Aetna account is not 'due' to Best Banana until Aetna's security agreement claims have been shown to be satisfied. But it could as well be said that the positive balance in the Aetna account was 'due' to Best Banana on January 11, 1980, subject to the condition subsequent that Aetna's claims--those for which section 9-301(4) entitles it to the benefit of its security interest--are satisfied out of the fund. 12 Id. (footnote omitted). The court concluded that "the better view is that, whenever the conditions of a security agreement affect the 'dueness' of collateral [viz., Best Banana's claim against Aetna for the amount of the credit balance], those conditions should be considered conditions subsequent,”
1 later decision quote this exact passage · from the majority“Warner I "), this court took a different view of the Connecticut law of garnishment. Citing a number of Connecticut cases, it held that "under Connecticut law, a garnishable debt need not be one on which the debtor could successfully demand immediate payment,”
1 later decision quote this exact passage · from the majority“the better view is that, whenever the conditions of a security agreement affect the 'dueness' of collateral [viz., Best Banana's claim against Aetna for the amount of the credit balance], those conditions should be considered conditions subsequent,”
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.