Sears v. Stelzner’s Empirical Analysis
104 F.2d 114 · 1939
Citation profile
1 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 1999
1 federal appellate · 2 district · 2 state decisions
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 22 Cal. App. 519 - Blevins v. Mullally · O'Dea v. Hollywood Cemetery Assoc. · Consumers Salt Co. v. Riggins · Union Central Life Ins. v. Flicker · 120 Cal. App. 578 - McKeehan v. Pacific Finance Corp.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Persons who hold office as directors, or other officers, with the consent of the corporation, and under color of an election or appointment, are de facto officers, although their election or appointment may have been illegal ...” Here, there was color of an election; appellant assumed his duties, and did act; he did not renounce his election; and there was no proof that he did not hold his office. We think he was a de facto director, and may not assume the office, and at the same time shed his duties and liabilities. Accordingly, he is estopped to assert that he was not a director. 104 F.2d at 117-118 .”
1 later decision quote this exact passage · from the majority“If any such loan or guaranty be made without such vote or written consent of the shareholders, the directors, officer or officers of any such corporation who authorize it or assent thereto shall be jointly and severally liable to the corporation as guarantors for the repayment or return of the sum or value so loaned with interest thereon at the rate of six per cent per annum until paid, or for any liability upon such guaranty.”
1 later decision quote this exact passage · from the majority“We think it is clear here that by execution of its note to the bank, the bankrupt [corporation] made a loan to appellant and Stelzner, or guaranteed their obligation `directly or indirectly.' Appellant and Stelzner both authorized the transaction. Bankrupt incurred liability, *Page 887 as shown by the judgment against it in appellant's favor, and therefore he was liable jointly and severally under the statute.”
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.