In re Gutwillig’s Empirical Analysis

Citation profile

2 federal appellate · 4 district ·

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

1. ““Section 23b is expressly limited to suits wiiicli the bankrupt himself ‘might •have brought if proceedings in bankruptcy had not been instituted.’ The bankrupt, in consequence of his voluntary assignment, could not have brought any suit against the sheriff for this trespass; nor could he bring any suit to declare the assignment void as to creditors, or as respects the bankrupt law; nor any suit to prevent the appropriation of the value of the other materials and labor, admixed possibly with the vendor’s flannel, from being appropriated for Codey’s benefit to the prejudice of other creditors, such as might be maintained in a court of bankruptcy, as in a court of equity. It is in that court, under section 2, that such controversies should be determined, where the severe rule of law as regards title by accretion or admixture, which is enforced justly, it may be, against the wrongdoer (Silsbury v. McCoon, 3 N. Y. 379 ; Guckenheimer v. Angevine, 81 N. Y. 394 ; Gavin v. Gleason. 105 N. Y. 261 , 11 N. E. 504 ; Joslin v. Cowee, 60 Barb. 48 ; Hyde v. Cookson, 21 Barb. 92 ), is not applicable as against creditors or other vendors having equal or superior rights (Bank v. Goddard, 131 N. Y. 502 , 30 N. E. 566 ; Bank v. Dunn, 97 N. Y. 149 , 159).””

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Kincell