Brewster v. . Hatch’s Empirical Analysis

Citation profile

2 federal appellate · 6 district · 19 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question is, Was the relation between these litigants simply that of vendors and vendees of shares to lie issued, or was it one of trust and confidence, binding the defendants to the exercise of good faith and to disclose such information as they possessed affecting the value of the property in which the plaintiffs were induced to purchase an interest. * * * It is conceded and found by the court that the defendants did not disclose the ■amount which they were to pay for the mines. * * * These papers read in the light of the purpose of the defendants, as disclosed by their evidence, seem to have been devices to cover the underlying scheme by which the corporation was to be organized, largely for the benefit of the promoters. but wholly at the risk and expense of the subscribers. We do not think that the inference contended for by the defendants can be justly drawn from th'e meager disclosures which they made in the documents put forth. They knew that they, and they only, absolutely controlled the scheme, and were to determine whether it should be carried out, and, if so, when and how. We think that the plaintiffs were led to believe, and had the right to believe, from the documents and from fhe circumstances that the defendants were acting in the interest of all the investors, and that they knew that the plaintiff so believed.””

   1 later decision quote this exact passage
   e.g. Gregg v. Megargel