In re Moyer’s Empirical Analysis
93 F. 188 · 1899
Citation profile
1 federal appellate · 8 district ·
How this case has been cited
Cited by 11 later decisions (1 by the Supreme Court) — most recently October 1938
1 federal appellate · 8 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 Clark Assignee v. Iselin · Wilson v. City Bank · In re Reichman
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But, as we understand the bankrupt act of 1898, its provisions are essentially different from the earlier act, and require the court to come now to a different conclusion. Clause 3 of section 3 declares that it shall be an act of bankruptcy if a person bas ‘suffered or permitted while insolvent, any credit or to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference, vacated or discharged such preference.’ It will be observed that this clause says nothing about the bankrupt’s intent to enable tho creditor to secure a preference; neither does it use the word ‘procure,’ which might seem to imply that the debtor must take some part in bringing the preference about. The dominant fact seems to be the actual result that has been attained by the creditor. If, through legal proceedings, he has succeeded in obtaining a preference,—that is (referring to section (io for a description of preferred creditors), if the debtor is insolvent, and has either ‘procured or suffered a judgment to be entered against himself, * * * and the effect of the enforcement of such judgment * * * will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class,’.—if this is the actual result of legal proceedings taken against an insolvent debtor, the clause in question requires the debtor to vacate or discharge such preference within”
1 later decision quote this exact passage · from the majority““The dominant fact seems to be the actual result that has been attained by the creditor. If, through legal proceedings, he has succeeded in obtaining a preference — that is (referring to section 60 for a description of preferred cx-editors), if the debtor is insolvent, and has either ‘procured or suffered a Judgment to be entered against himself, * * * and the effect of the enforcement of such judgment * * * will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class’ — if this is the actual result of legal proceedings taken against an insolvent debtor, the clause in question requires the debtor to vacate or discharge such preference within a specified time, and if he faiis so to do, declares that he has committed an act of bankruptcy.””
1 later decision quote this exact passage · from the majority“suffered or permitted, while insolvent, any creditor to' obtain a preference through legal proceedings,”
1 later decision quote this exact passagee.g. Wilson v. Nelson
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.