Brownstein v. Haskell’s Empirical Analysis
73 F.2d 879 · 1934
Citation profile
9 federal appellate · 1 district ·
How this case has been cited
Cited by 17 later decisions — most recently December 2009
9 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 Plymouth Cordage Co. · In re Bieler · Lamson Co. v. Whittemore · Claudon v. Illinois State Sav. Bank
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Amendments to pleadings in all courts are therefore allowed with great liberality. * * * In the instant case, if the amendments are not allowed, then the alleged debtor will have succeeded in conveying property to the benefit of one creditor and at the expense of all his other creditors. Such a preference he may not make within four months of the filing of the petition in bankruptcy. It is the filing of the petition that stops the running of the four months. It would be a most severe penalty imposed upon all the creditors of the bankrupt, of whom petitioner is but one, if his request for amendment were denied. 39 * * * * * * 40 "Likewise, the objection that the date of the execution of the mortgage was not given, fades away in the light of the allegation that said bankrupt executed a mortgage of real estate for the sum of $26,000 `while insolvent and within four months next preceding the date of this petition.' The significant fact is not the date of the execution of the mortgage, but rather that it was within four months of the date of said petition. 41 * * * * * * 42 "Under all the circumstances we conclude that the court erred in the exercise of its discretion in refusing to allow the amendments.”
2 later decisions quote this exact passage · from the majority“said transfer and conveyance * * * being done * * * with intent to unlawfully hinder, delay and defraud your petitioner, a creditor”
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.