National Bank v. Whitney’s Empirical Analysis

Citation profile

48 federal appellate · 9 district · 106 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 241 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““that the statute did not declare such security void, but was silent on the subject; - that had Congress so intended it would have been easy to say so, and it can hardly be presumed that this would not have been done, instead of leaving the question to be settled by the uncertain result of litigation and judicial decision.””

   3 later decisions quote this exact passage · from the majority
   e.g. Fritts v. Palmer · Columbia Rock & Sand Co. v. Hibernia Savings Bank

2. ““The construction of the act of Congress thus given has been acted upon by the national hanks throughout the country ever since it was published. It is not unreasonable to suppose that they have conducted their business and made loans to a large amount in reliance upon it, and that in many cases great injury would follow a departure from it. Judicial decisions affecting the business interests Of the country should not be disturbed, except for the most, cogent reasons; certainly not because of subsequent doubts as to their soundness. The prosperity of a commercial country depends, in a great degree, upon the stability of the rules by which its transactions are governed. If there should he a change, the Legislature can make it with infinitely less derangement of those interests than would follow a new ruling of the court, for statutory regulations would operate only in future. The decision in the cose cited controls the present case, and in conformity with it we must hold that the mortgage to the bank, so far as the subsequent incumbrances are. concerned, is to be regarded as a valid security for the future advances to the mortgagor. Whatever objection there may be to it as security for such advances from tlie prohibitory provisions of the statute, tlie objection can only be urged by the government.””

   1 later decision quote this exact passage · from the majority
   e.g. Baker v. Schofield

3. “Whatever objection there may be to it as security for -such advances from the prohibitory provisions of the statute, the ■objection can only be urged by the government.”

   1 later decision quote this exact passage · from the majority
   e.g. Fritts v. Palmer