Noble v. Hammond’s Empirical Analysis
129 U.S. 65 · 1889
Citation profile
9 federal appellate · 11 district · 27 state decisions
How this case has been cited
Cited by 128 later decisions (9 by the Supreme Court) — most recently March 2006 · most notably Davis v. Aetna Acceptance Co. (1934), Crawford v. Burke (1904)
9 federal appellate · 11 district · 27 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 Neal v. Clark · Chapman v. Forsyth · Strang v. Bradner · Hennequin v. Clews
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[N]o debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged.” 14 Stat. 533 (1867).”
3 later decisions quote this exact passage · from the majority“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.”
2 later decisions quote this exact passage · from the majority“The finding of the jury, that the agreement of the plaintiff in error was to collect the money and keep it until the defendants in error called for it, cannot be taken to imply an obligation to keep and deliver to them the identical bills or coins. Even if the agreement between the parties might be construed as creating a trust in some sense, it was clearly not such a trust as comes within the provisions of the bankruptcy act. Nor can the subsequent mingling, by the plaintiff in error, of the money collected with his own, constitute the actual positive fraud contemplated by that act, but only such an implied fraud as is involved in most, or all, cases of conversion of property or of breach of contract. Id. [129 U.S.] at 70 [ 9 S.Ct. at 237 ].”
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.