Joseph Buffington
How Judge Buffington rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Buffington no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Buffington decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A seller retained the favored right to stop unpaid goods while local delivery remained part of the original transit to an insolvent buyer.
“Where a vendee has never paid for goods, and is insolvent, the vendor’s right of stoppage in transit is one highly favored on account of its intrinsic justice.”
Books, tax treatment, use, financing, and representations to creditors supported treating titled real estate as partnership property.
“Whether, as between partners, it became firm property, is a question of intent.”
Procedural preferences
Jurisdictional objections were addressed at the threshold to avoid a proceeding that could later prove void.
“It is therefore better for all parties that we should meet such question at the threshold rather than allow the case to proceed only to find at the end the court was without jurisdiction.”
The plain statutory language controlled execution liens obtained against an insolvent debtor within four months of bankruptcy.
“there is no safer canon of statute interpretation than that, where the terms of a statute are plain, there is no room for a construction which makes them obscure.”
Cautions
A preference recipient could not share further in the estate without surrendering what it had already received.
“The purpose of the law is to divide an insolvent estate equally.”
A receiver appointment demanded specific facts showing absolute necessity, not a debtor's bare belief that appointment would benefit interested parties.
“There is no intimation in the petition that the assignee is doing anything prejudicial to the interests of creditors”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The application for their withdrawal will be refused”
“Tbe referee rightly rejected bis subsequently .proved claim.”
“The prima facie case now marie out is sufficient to warrant our enjoining Swift & Co.”
“The demurrers filed by the several respondents will be overruled, with leave to answer within 20 days.”
“it is, therefore, in accordance with general order 30 (32 O. O. A. xxx., 89 Fed. xii.), ordered that said Fife be discharged from custody.”
“The question submitted is answered in the affirmative.”
“the bankrupt is not entitled, as against the landlord, to claim an exemption of articles distrained”
“The result reached by the referee will not be disturbed.”
“we hold no such.lien exists, since such is the common law.”
“All the objections to the referee’s certificate are overruled.”
“the witness is not bound to answer tlie incriminating questions, but was bound to take the oath submitted by the referee.”
“Being of opinion the petitioners have no standing as petitioning creditors, an order may be prepared dismissing the petition.”
Caseload & timing
From public federal docket records for this judge.
Buffington's reported district decisions are predominantly bankruptcy matters and also include admiralty, criminal, habeas, and federal regulatory disputes. No electronic records are available to quantify his caseload.
A historical record
Judge Buffington no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.