Karno-Smith Co. v. Maloney’s Empirical Analysis
112 F.2d 690 · 1940
Citation profile
20 federal appellate · 7 district · 11 state decisions
How this case has been cited
Cited by 48 later decisions — most recently August 2017 · most notably United States Fidelity & Guaranty Co. v. Triborough Bridge Authority (1947), United States v. Sterling National Bank & Trust Co. of New York (1974)
20 federal appellate · 7 district · 11 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 United States v. S. F. Scott & Sons, Inc. · United States v. Bank of Shelby · 109 N.J. Eq. 95 - Nutz v. Murray-Nutz, Inc. · United States v. Western Union Telegraph Co. · First-Mechanics National Bank v. New Jersey Brick & Supply Co.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We think the equities of the case are clearly with the plaintiff. It finds itself in a dilemma forced upon it by the law. Under its contract it is obligated to its subcontractor and under its bond it must pay the latter’s unpaid debt to its materialman. The two obligations arise out of the same transaction, but payment of the subcontractor’s taxes pursuant to the collector’s levy and demand will not and cannot discharge the obligation to the subcontractor’s material-man which the statutory bond imposes upon the plaintiff. Under these circumstances it would be manifestly inequitable to enforce both obligations.... We think it clear that in a case of this kind the rights of the collector rise no higher than those of the taxpayer whose right to property is sought to be levied on.”
1 later decision quote this exact passage · from the majority““When public buildings or other public works or improvements are about to be constructed, erected, altered or repaired under contract, at the expense of the state or any county, municipality or school district thereof, the board, officer or agent contracting on behalf of the state, county, municipality or school district, shall require the usual bond, as provided for by law, with good and sufficient sureties, with an additional obligation for the payment by the contractor, and by all subcontractors, for all labor performed or materials, provisions, provender or other supplies, teams, fuels, oils, implements or machinery used or consumed in, upon, for or about the construction, erection, alteration or repair of such buildings, works or improvements.” (Emphasis added)”
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.