Wilson v. City Bank’s Empirical Analysis

Citation profile

20 federal appellate · 33 district · 23 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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Undoubtedly, very slight evidence of an affirmative character of the existence of a desire to prefer one creditor, or of acts done with a view to secure such preference, might be sufficient to invalidate the whole transaction. Such evidence might be sufficient to leave the matter to a jury, or to support a decree, because the known existence of a motive to prefer or to defraud the bankrupt act would color acts or decisions otherwise of no significance. These cases must rest on their own circumstances. But the case before us is destitute of any evidence of the existence of such a motive, unless it is to'be imputed as a conclusion of law from facts which we do not think raise such an implication.””

   4 later decisions quote this exact passage · from the majority
   e.g. Sage v. Wyncoop · Brown v. Jefferson County Nat. Bank

2. ““We have already said that there is no moral obligation on the part of the insolvent to do this, unless the statute requires it, and then only because it is a dirty imposed by the law. It is equally clear that there is no such duty imposed by that act in express terms. * ⅞ As before remarked, the voluntary clause is wholly voluntary. No intimation is given that the bankrupt must file a petition under any circumstances. While Ins right to do so is without any other limit than his own sworn averment that he is unable to pay all his debts, there is not a word from which we can infer any legal obligation on him to do so. Snell an obligation would take from the right (he character of a privilege, and confer on it that of a burdensome and often ruinous duty. Et is, in its essence, Involuntary bankruptcy. But the initiation in this kind of bankruptcy is by the statute given to the creditor, and is not imposed on the debtor. And it is only given to the creditor ill a limited class ol' cases.””

   2 later decisions quote this exact passage · from the majority
   e.g. Duncan v. Landis · Manhattan Rubber Mfg. Co. v. Lucey Mfg. Co.

3. ““ (1) That something more than passive non-resistance of an insolvent debtor to regular judicial proceedings, in which a judgment and levy on his property are obtained when the debt is due and he is without just defence to the action, is necessary to show a preference of a creditor, or a purpose to defeat or delay the operation of the bankrupt act; (2) that the fact that the debtor/ under such circumstances, does not file a petition in bankruptcy, is not sufficient evidence of such preference, or of intent to defeat the operation of the act; (8) that, though the judgment creditor in such case may know the insolvent condition of the debtor, his levy and seizure are not void, under the circumstances, nor any violation of the bankrupt law; (4) that a lien thus obtained by him will not be displaced by subsequent proceedings in bankruptcy against the debtor, though within four months of the filing of the petition.””

   2 later decisions quote this exact passage · from the majority
   e.g. Brown v. Jefferson County Nat. Bank · Golden Hill Distilling Co. v. Logue