Harlan v. Archer’s Empirical Analysis
79 F.2d 673 · 1935
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 8 later decisions — most recently March 1966
5 federal appellate · 1 state decisions
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
Applies 11 U.S.C. § 110
Relies on Utah Power Light Company v. United States No 202 United States · United States v. Klein · Joslin Mfg Co v. City of Providence · Mitchell v. United States · Wilber Nat Bank of Oneonta Ny v. United States
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.
““The distinction between claims against the government which are assignable and pass to the trustee in bankruptcy, and those which are not assignable and do not pass, was well expressed by the Court of Claims in Campbell, Assignee v. United States, 28 Ct.Cl. 512, 513 , in the following language: “Three things concerning the assignment of claims against the Government may be regarded as well settled: “(1) That such claims as are choses in action upon which a suit can be maintained as a matter of legal right, if there be a jurisdiction, and in which ‘there is no element of a donation in the payment ultimately made’ (case cited) pass in bankruptcy and may be prosecuted by the assignee or by the purchaser in bankruptcy proceedings, (cases cited) “(2) That the title to what is known as abandoned and captured property, not having been divested by capture, a claim for the proceeds in the Treasury is a cause of action which passes in bankruptcy, although no jurisdiction exists at the time in which it can be prosecuted, (cases cited) “(3) That a mere expectancy, a claim founded on no legal right known to courts of law or equity, a claim which is but an appeal to the clemency of Congress for the redress of an injury, where there is no obligation on the part of the Government, and the granting of relief is purely a matter of legislative discretion, can not be regarded as property and does not pass in bankruptcy, (cases cited)””
1 later decision quote this exact passage“hardly rises to the dignity of an expectancy, but is rather a mere hope that Congress will make the claimant a donation.”
1 later decision quote this exact passage
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.