Kessler v. Jefferson Storage Corp.’s Empirical Analysis
125 F.2d 108 · 1941
Citation profile
8 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2013 · most notably Bassett v. National Collegiate Athletic Ass'n (2008), Commodity Credit Corp. v. Rosenberg Bros. & Co. (1957)
8 federal appellate · 1 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 Twin-Lick Oil Company v. Marbury · Palmer v. Connecticut Railway & Lighting Co. · Wardell v. Railroad Co. · Meguire v. Corwine · Hoyt v. Latham
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In this regard, it is important to observe that in bankruptcy proceedings, the claimant has the burden of liquidating its claim as a condition precedent to its allowance. 11 U.S. C.A. § 93, sub. d. Furthermore, the claimant in bankruptcy has the burden of proving its claim.””
2 later decisions quote this exact passage · from the majority“It is a well established rule that a contract against public policy cannot be made valid by ratification; and it has been said that where the object or tendency of a contract is to constitute a breach of duty on the part of one who stands in a confidential or fiduciary relationship, it is illegal and void, as tending to be, or being, a fraud on third persons. Meguire v. Corwine, 101 U.S. 108 , 25 L.Ed. 899 ; Forsyth v. Woods, 11 Wall. 484, 485 , 20 L.Ed. 207 ; Horbach v. Coyle, 2 F.2d 702 ; Davezac v. Seiler, 12 Ky.Law Rep. 599; Young v. Evans, 8 Ky.Law Rep. 353. Not only is it stated that such agreements are against the public policy of securing faithful discharge of duties by persons holding positions of trust and confidence, but agreement tending to cause unfaithful conduct by fiduciaries are illegal because they are, in effect, whose interest the fiduciaries have in charge; Maine Northwestern Development Co. v. Northern Commercial Co., D.C. 213 F. 103 .”
1 later decision quote this exact passage · from the majority“If the obnoxious feature of a contract can be eliminated, without impairing its symmetry as a whole, the courts will be inclined to adopt this view as the one most likely to express the intention of the parties.”
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.