In re Bernard’s Empirical Analysis
87 F.2d 705 · 1937
Citation profile
11 federal appellate · 4 district ·
How this case has been cited
Cited by 69 later decisions (3 by the Supreme Court) — most recently June 2013 · most notably Meyer v. Rigdon (1994), Carlisle Cashway, Inc. v. Johnson (1982)
11 federal appellate · 4 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 Fonda · Dimock v. Revere Copper Co. · Hill v. Harding · Tatum v. Leigh · Savage v. Miller
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the misappropriation must be due to a known breach of the duty, and not to mere negligence or mistake.”
6 later decisions quote this exact passage · from the majority““a. A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as . (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity . . . .””
3 later decisions quote this exact passage · from the majority““ . . . [T]he bankrupt brought about the payments when he knew that the corporation was insolvent and that the interests of other creditors would be sacrificed for the benefit of its fiduciaries. This, in our opinion, was a ‘misappropriation’ within the meaning of the Bankruptcy Act and the indebtedness to the corporation which arose from it was not dischargeable.””
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.