Strang v. Bradner’s Empirical Analysis
114 U.S. 555 · 1885
Citation profile
45 federal appellate · 18 district · 43 state decisions
How this case has been cited
Cited by 273 later decisions (21 by the Supreme Court) — most recently February 2023 · most notably Brown III v. Felsen (1979), Tinker v. Colwell (1904)
45 federal appellate · 18 district · 43 state decisions — followed in 15 states
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 Neal v. Clark · Hennequin v. Clews · Stockwell v. United States · Chester v. . Dickerson
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 273 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Each partner was the agent and representative of the firm with reference to all business within the scope of the partnership. And if, in the conduct of partnership business, and with reference thereto, one partner makes false or fraudulent misrepresentations of fact to the injury of innocent persons who deal with him as representing the firm, and without notice of any limitations upon his general authority, his partners cannot escape pecuniary responsibility therefor upon the ground that such misrepresentations were made without their knowledge. This is especially so when, as in the case before us, the partners, who were not themselves guilty of wrong, received and appropriated the fruits of the fraudulent conduct of their asso ciate in business. Stockwell v. United States, 13 Wall. 531 , 547-548; 20 L. Ed. 491 ; Story on Partnership, §§ 1, 102-3, 107-8, 166, 168; Chester v. Dickerson, 54 N.Y. 1 ; Locke v. Stearns, 1 Met. 560 ; Lothrop v. Adams, 133 Mass. 471 ; Blight v. Tobin, 7 Monroe, 612; Durant v. Rogers, 87 Ill. 508 ; Collyer on Partnership, Wood’s Ed., §§ 446, 449-50; Lindley on Partnership, Ewell’s Ed., § 302.” Strang v. Bradner, supra, at 560-561 , 5 S.Ct. at 1041 .”
13 later decisions quote this exact passage · from the majority““The ‘fraud’ referred to in that section means positive fraud, or fraud in fact, involving moral turpitude or intentional wrong, as does embezzlement; and not implied fraud, or fraud in law, which may exist without the imputation of bad faith or immorality.””
5 later decisions quote this exact passage · from the majority“debt created by the fraud or embezzlement of the bankrupt.”
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.