Simonson v. Sinsheimer’s Empirical Analysis

Citation profile

16 federal appellate · 15 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a debtor makes a general assignment for the benefit of his cred* itors, and judicial proceedings are instituted to enforce and carry out the assignment, creditors who, on being made parties to such proceedings, do not repudiate the assignment, nor begin proceedings in bankruptcy, but file their claims under the assignment, and participate in' the administration of the estate, and suffer the assignee to sell the property and collect the proceeds, involving a delay of several months, and the incurring of costs and expenses, are estopped thereafter to file a petition in involuntary bankruptcy against the assignor, based solely on the ground of the assignment.” Simonson v. Sinsheimer, 95 Fed. 948 , 37 C. C. A. 337 (C. C. A. 6th Cir.).”

   3 later decisions quote this exact passage
   e.g. Durham Paper Co. v. Seaboard Knitting Mills · In re Salmon & Salmon

2. “,or alter its commission lie so acted with, regard to it that he gave others the right to act on the faith of its validity so far as his subsequent conduct would affect it. On the one hand, it would be gross inequity to allow him to subject the debtor to judgment for an act he induced; and, on the other,_ it would be equally unjust to allow him to repudiate, as invalid, a_transaction, when by his conduct he had induced others to change their position on the faith of its validity.””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Farthing · Ohio Motor Car Co. v. Eiseman Magneto Co.

3. ““Coming to apply our conclusions to the case at bar, we cannot doubt that the answer tendered made a case of estoppel against the petitioners. They are alleged to have become parties to the assignment proceedings, to have filed their claims under the assignment, and to have requested a reference to pass upon their claims, the accounts of the assignee, and the questions of distribution. They waited three months and a half before filing their petition. By their acquiescence, they certainly induced the assignors, the as-signee, and the purchasers of the assets from the assignee, to believe that they would not seek to set aside the assignment. Were the assignment to be set aside now, it would avoid every sale the assignee has made, and revest in the trustee in bankruptcy the title of the assignors. It is conceded that the distribution, under the assignment, would be exactly the same as under the bankruptcy proceedings. The bankruptcy proceedings will only increase the costs, and possibly defeat the payment of the costs already earned in the state court proceedings. Had these creditors filed their petition soon after the assignment, all the unjust results of their delay pointed out would have been avoided; for then the assignee would not have sold the assets, and the state officers would not have rendered the services, and the creditors would not have distribution delayed by four months.””

   2 later decisions quote this exact passage · from the majority
   e.g. Sinsheimer v. Simonson · In re McKinnon Co.