In re Ferguson’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the last point, although the ease would be literally within the language of subdivision 3, it does not, I think, lie within its intent. Subdivision 3 should be construed in connection with the provisions of section 67. That section provides that, all ‘levies * * * at any time within four months prior to filing the petition shall be deemed null and void in case the debtor is adjudged a bankrupt’ If the levy of March, 1898, was valid, and remained a continuous lien, assuming that the lien was lawfully acquired, the preference gained thereby being long before the bankruptcy act was passed, and more than four months prior to the filing of the petition, it could not now be disturbed. The act of bankruptcy referred to in subdivision 3, cl. a, of section 3, must, I think, be limited to such acts as, by construction of law, and in view of the bankruptcy act, work an injury to other creditors, by securing to them a preference which the bankruptcy law is designed to prevent The language of this sub division shows this intent. This cannot apply, therefore, to such levies and liens as are acquired long prior to the passage of the act, and more than four months prior to the petition, which the bankrupt act does not vacate or disallow. Such a lien the debtor cannot be required to satisfy or vacate.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Chapman