Hatch v. Dana’s Empirical Analysis
101 U.S. 205 · 1879
Citation profile
16 federal appellate · 6 district · 80 state decisions
How this case has been cited
Cited by 164 later decisions (22 by the Supreme Court) — most recently July 2016 · most notably Phillips v. Commissioner (1931), Phillips v. Commissioner (1931)
16 federal appellate · 6 district · 80 state decisions — followed in 25 states
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 Upton Assignee v. Tribilcock · Pollard v. Bailey · Adam Ogilvie v. The Knox Insurance Company Levi Sparks · Terry v. Tubman
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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ Assuming that such a clause in the subscription [payable as called for by the company] meant more than an agreement to pay on demand, and that it contemplated a formal call upon all subscribers to the stock of the company, the subscriptions were still in the nature of a fund for the payment of the company’s debts, and it was the duty of the company to make the calls whenever the funds were needed for such payment. If they were not made, the officers of the company violated their trust, held both for the stockholders and the company. And it would seem to be singular if the stockholders could protect themselves from paying what they owe by setting up the default of their own agents. . . . It is well settled that a court of equity may enforce payment of stock subscriptions though there have been no calls for them by the company.””
3 later decisions quote this exact passage · from the majority““The liability of a subscriber for the capital stock of a company is several and not joint. By his subscription each becomes a several debtor to the company, as much so as if he had given his promissory note for the amount of his subscription. At law certainly his subscription may be enforced against him without joinder of other subscribers, and in equity his liability does not cease to be several.” gee, also, 26 Ency. L. (2d Ed.) 927; 3 Thorny, on Corp. § 3500.”
1 later decision quote this exact passage · from the majoritye.g. In re Putman““It is well settled that a judgment creditor who has exhausted his legal remedies against, a corporation may maintain an action against its stockholders to recover, for the benefit of all creditors who may desire to come in and be made parties, the amount dne upon unpaid subscriptions for stock, when the corporation neglects or refuses to collect the same.””
1 later decision quote this exact passage · from the majoritye.g. In re Putman
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.