In re Blair’s Empirical Analysis
99 F. 76 · 1900
Citation profile
6 federal appellate · 8 district ·
How this case has been cited
Cited by 15 later decisions — most recently July 2007
6 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 In re Meyer · Chemical Nat. Bank v. Meyer · In re Murray
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The petition must, however, further show whether any of the individual partners are solvent. As it stands, it is ambiguous in this regard. It avers that the ‘partnership is insolvent’; but other statements seem to intimate that by that averment it is intended only to state that the joint assets are nqt sufficient to pay the joint obligations. No doubt a firm is sometimes said to be insolvent when only a deficiency of joint assets is meant. But, as each partner is liable in solido for the debts of the company, so that they are debts of each individual member as much and as truly as they are debts- of the firm; a partnership cannot, with strictness, be said to be insolvent while any one of the partners is able to pay all the firm’s liabilities. Lowell, Bankr. 359; Hanson v. Paige, 3 Gray, 239 , 242; In re Bennet, 2 Low. 400 , 3 Fed. Cas. 209. By the express provision of section 5. moreover, the firm assets cannot be administered in bankruptcy if one of the partners is not adjudged bankrupt, unless by his consent. Bank v. Meyer (D. C.) 92 Fed. 896 ; In re Meyer, 39 C. C. A. 368 , 98 Fed. 976 . It is therefore required by rule 1 of this court that; the petition shall state whether any partner not joining in the petition is solvent or insolvent. Form 2, moreover, prescribed by the supreme court (18 Sup. Ct. xviii.), requires for an adjudication of ‘the firm’ as bankrupts a statement in the petition that ‘the partners owe debts which they are unable .to pay in full.’ This necessar”
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.