Riggin v. Magwire’s Empirical Analysis

Citation profile

13 federal appellate · 9 district · 12 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If an action at law bad been brought on a covenant at that time [bankruptcy], nominal damages at most, if any damages at all, could have been recovered.””

   2 later decisions quote this exact passage · from the majority
   e.g. Cobb v. Overman · In re Pettingill & Co.

2. ““It is argued that under the right given by the fifth section of the bankruptcy act of 1841 to prove ‘uncertain and contingent demands,’ the claim in this case could have been proven under the act. But the better opinion is that, as long as it remained wholly uncertain whether a contract or engagement would ever give rise to an actual duty or* liabil'ty, and there was no means of removing the uncertainty by calculation, such contract or engagement was not provable under the act of 18-41. See 1 Smith, Lead. Cas. p. 1251, notes to Mills v. Auriol, by Hare. In 1843, Marlin Thomas was still living, and there was no certainly that his wife would ever survive him. It was uncertain whether there would ever be any claim or demand. On what principle, then, could the covenant have been liquidated, or reduced to present or probable value? If an action at law had been brought on the covenant at that time, nominal damages at most, if any damages at all, could have been recovered. It did not come within the category of annuities and debt» payable in future, which are absolute, existing claims. If it had come within that category, the value of the wife’s probability of survivorship after the death* of her husband might have been calculated on the principles of life annuities. Had a proposition for a compromise of her right been made between her and the owner of the land, such a mode of estimation would have been very proper.But, without authority from the statute, the assignee would not hav”

   1 later decision quote this exact passage · from the majority
   e.g. In re Mahler

3. ““All creditors whose debts are not due and payable until a future day, all annuities, holders of bottomry and respondentia bonds, holders of policies of Insurance, sureties, indorsers, hail, or other persons having uncertain or contingent demands against such bankrupt, shall be permitted to come in and prove such debts and claims under the act, and shall have a right, when those debts or claims become absolute, to have the same allowed them; and such annuities and holders of debts payable in future may have the present value thereof ascertained under the direction of such court, and allowed them accordingly, as debts in prsesenti.””

   1 later decision quote this exact passage
   e.g. In re Mahler