Gerard v. . McCormick’s Empirical Analysis
1891
Citation profile
7 federal appellate · 2 district · 62 state decisions
How this case has been cited
Cited by 73 later decisions — most recently November 1978 · most notably Allen v. Puritan Trust Co. (1912), 4 E.H. Smith 59 - Cheever v. Pittsburgh, Shenango & Lake Erie Railroad (1896)
7 federal appellate · 2 district · 62 state decisions — followed in 16 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 Shaw v. Spencer · Brewster v. Sime · Wright v. . Cabot · Fellows v. . Longyor · 29 N.J. Eq. 98 - Gaston v. American Exchange National Bank
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) person who knowingly receives the money or property of a principal from an agent in payment of the latter's debt, does so at his peril; and if the agent acted without authority, the principal may, on proof of these facts, recover his money. (National Bank v. Insurance Company, 104 U.S. 54 , 26 L.Ed. 693, and the cases there cited; Wright v. Cabot, 89 N.Y. 570; Baker v. N.Y. National Exchange Bank, 16 Abb.N.C. 458.) Story states the rule as follows: 'Thus a person dealing with a factor or broker is bound to know that by law a factor or broker, although a general agent, is not clothed with authority to pledge, deposit, or transfer the property of his principal for his own debt; and, if he receives such a deposit or pledge, the title is invalid, and the property may be reclaimed by the principal.' (Story's Agency, § 225).”
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.