Bowden v. Johnson’s Empirical Analysis

Citation profile

68 federal appellate · 17 district · 36 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 189 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The liability of the defendant bears interest from the date of said letter, August 13, 1875,” citing Casey v. Galli.”

   2 later decisions quote this exact passage · from the majority
   e.g. Garvy v. Wilder · Weatherwax v. Johnson

2. ““The certificates for the stock remained in the possession of the defendant from the time of the purchase until after the making of the assessment by the Comptroller of the Currency, hut the stock was never transferred to the defendant upon the books of the hank. The facts certainly would have justified a finding by the jury that the relation of pledgor and pledgee had been terminated by the defendant, and the defendant had become the purchaser of the stock with the intention of becoming the exclusive owner, and was in this sense its owner, when the hank failed. The only ground upon which it could be ruled that the plaintiff was not entitled to recover was that, as the stock had never been transferred to the defendant upon, the books of the bank, and remained in the name of the original owner, the defendant was not a shareholder, within the meaning of section 5151 [U. S. Comp. St. 1901, p. 3465]. By section 5139 of the Revised Statutes [page 3461], the capital stocks of national banks is made ‘transferable on the books of the association, in such manner as may be prescribed by the by-laws or articles of association.’ “It is the generally accepted doctrine of the courts that, notwithstanding a provision of this kind in the organic law of a corporation,- the legal title to its shares of stock passes, as between vendor and vendee, upon a transfer of the certificates, accompanied by a power of attorney for their transfer upon the books, without an actual transfer upon the books. ”

   1 later decision quote this exact passage · from the majority
   e.g. Hamilton v. Loeb

3. ““Where the transferror, possessed of information showing that there is good ground to apprehend the failure of the bank, colludes and combines, as in this case, with an irresponsible transferee, with the design of substituting the latter in his place, and of thus leaving no one with any ability to respond for the individual liability imposed by the statute, in respect of the shares of stock transferred, the transaction will be decreed to bo a fraud on the creditors, and he will be held to the same liability (o the creditors as before the transfer. He will l»e still regarded as a shareholder quoad the creditors, although he may be abb' to show that there was a full or a partial consideration for the transfer as between him and the transferee.””

   1 later decision quote this exact passage · from the majority
   e.g. Cox v. Montague