Ketchum v. St. Louis’s Empirical Analysis

Citation profile

56 federal appellate · 19 district · 34 state decisions

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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(3) Where a debtor, by an agreement with a creditor, sets apart a fixed portion of a specific fund in the hands, or to come into the hands, of another person, whom he directs to pay it to the creditor, the agreement is, when assented to by such person, an appropriation, binding upon the parties and all who, having notice, subsequently claim under the debtor an interest in the fund. “(4) A party may, by agreement, create a charge or claim in the nature of a lien on real as well as personal property whereof he is the owner or in possession, and the court of equity will enforce against him, and volunteers or claimants under him with notice of the agreement.””

   2 later decisions quote this exact passage
   e.g. Fidelity Insurance, Trust & Safe-Deposit Co. v. Norfolk & W. R. · Howard v. Delgado & Co.

2. ““But the accepted doctrine of courts of equity in respect to equitable liens or charges will he found, we think, to support the conclusion we have reached. The cases clearly establish this legal proposition. If a debtor, by a concluded agreement with a creditor, sets apart a specific amount of a specific fund in the hands, or to come into the hands, of another from a designated source, and directs such person to pay it to the creditor, which he assents to do, this is a specific appropriation, binding upon the parties and upon all persons with notice who subsequently claim an interest in the fund under the debtor.””

   2 later decisions quote this exact passage · from the majority
   e.g. Newton v. Eagle & Phenix Mfg. Co. · Pine Lawn Bank and Trust Company v. Urbahns

3. ““It is well settled that a party may, by express agreement, create a charge or claim in the nature of a lien on real as well as on personal property, of which he is the owner or in possession, and that equity will establish and enforce such charge or claim, not only against the party who stipulated to give it, but also against third persons, wlio> are either volunteers, or who take the estate on which the lien is agreed to be given with notice of the stipulation.””

   2 later decisions quote this exact passage · from the majority
   e.g. Farmers' Loan & Trust Co. v. Penn Plate-Glass Co. · Pratt Lumber Co. v. T. H. Gill Co.