Traders' Bank v. Campbell’s Empirical Analysis

Citation profile

17 federal appellate · 14 district · 7 state decisions

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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was in the bank on deposit to the credit of Hitchcock & Endicott, on the day they gave the judgment note, the sum of $325.20. This sum was not computed or deducted when the note was given. On the next day, before the bank caused the judgment to be entered up, they credited this amount on the note, and took judgment for that much less. They now assert that this was what they had. a right to do, and that it should remain a valid set-off. But this does not appear to have been really what was done. It appears that HMchcoclc £ Endicott gave the bank a che ole for the sum, and by virtue of that check it teas indorsed on the note as a payment. Now, as both the bank and the bankrupts knew of the insolvency of the latter, this was a payment by way of preference, and therefore void by the thirty-fifth section of the Bankrupt Act. In this case, as in the other, if they had stood on their right of set-off, it might possibly have been available; but when they treat it as the bankrupts’ property, and endeavor to secure an illegal preference by-getting the bankrupts to malee a payment in the one ease, and seizing it by execution ih the other, when they knew of the insolvency, both appropriations are void.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Starkweather & Albert · In re Cross

2. ““Sec. 50. And be it further enacted, that this act shall commence and take effect as to the appointment of the officers created hereby, and the promulgation of rules and general orders, from and after the dote of its approval: provided, that no petition or oilier proceeding under this act shall be filed, received, or commenced before the first day of June, anno Domini, eighteen hundred and sixty-seven.””

   1 later decision quote this exact passage
   e.g. Blake v. Francis-Valentine Co.

3. ““We are of opinion that the proviso to the fiftieth section of the bankrupt act, which declares that no petition ox* other proceeding under it shall be commenced before the 1st day of June, 1867, is limited in its effect to such commencement, and that any act done after its approval, March 2, 1867, in fraud of the purpose of the statute, was within its prohibitions.””

   1 later decision quote this exact passage · from the majority
   e.g. Blake v. Francis-Valentine Co.