Duell v. Brewer’s Empirical Analysis
92 F.2d 59 · 1937
Citation profile
19 federal appellate · 1 state decisions
How this case has been cited
Cited by 30 later decisions — most recently December 2010 · most notably Mack v. Newton (1984), Lowell Staats Mining Co. v. Philadelphia Electric Co. (1989)
19 federal appellate · 1 state decisions
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
Applies 11 U.S.C. § 107 · 12 U.S.C. § 82
Relies on National Bank of Newport v. National Herkimer County Bank of Little Falls · Benedict v. Ratner · Benedict v. Ratner · Adler v. Fenton · Carson v. Federal Reserve Bank
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f taking a preference were a tort, they would be liable, just as the directors of a company are liable for any other torts which they procure it to commit. But preference is the creature of statute, whether under the Bankruptcy Act or the New York Stock Corporation Law; and the only resulting liabilities are those which the statutes declare. Section 60b of the Bankruptcy Act enacts that the trustee may recover from the “person receiving it or to be benefited thereby . the property or its value.” This is inconsistent with the notion that one person who is the active means in procuring another to obtain a preference is liable in damages.”
2 later decisions quote this exact passage · from the majority“[I]f the transferee directed the property to be turned over to his creditor, he would be as much liable as though he received it himself .... Similarly, if a creditor of the transferee joins with the transferee to secure the preference, and receives it in discharge of the debt, he must be liable, at least to the extent that the transferee cannot respond.”
1 later decision quote this exact passage · from the majoritye.g. Mack v. Newton“[C]ourts have generally held as to fraudulent conveyances that a person who assists another to procure one, is not liable in tort to the insolvent's creditors.”
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.