Keyser v. Hitz’s Empirical Analysis

Citation profile

95 federal appellate · 29 district · 66 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 268 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We must not be understood as saying that the mere transfer of the stocks on the books of the bank to the name of the defendant imposed upon her the individual liability attached by law to the position of shareholder in a national banking association. If the transfers were, in fact, without her knowledge and consent, and she was not informed of what was so done— nothing more appearing — she would not be held to have assumed or incurred liability for the debts, contracts, and engagements of the bank. But if, after the transfers, she joined in the application to convert the savings bank into a national bank, or in any other mode approved, ratified, or acquiesced in such transfers, or accepted any of the benefits arising from the ownership of the stock thus put in her name on the books of the bank, she was liable to be treated as a shareholder, with such responsibility as the law imposes upon the shareholders of national banks.””

   8 later decisions quote this exact passage · from the majority
   e.g. Williams v. Vreeland · Hecht, Liebmann & Co. v. Phenix Woolen Co.

2. ““It is true, as already suggested, there was evidence tending to show that the transfers of stock were made originally without defendant’s knowledge, and the jury might reasonably have concluded, under all the evidence, that the transfers were made, and caused to be made, by her husband. * * * The vital question remained, whether the defendant became the owner of the stock within the meaning of the statute regulating the individual liability of the shareholders of national banking associations. :S * * “If she became amare of the transfers, after they were made, and thereafter received the dividends, she became a shareholder for all purposes of individual liability in respect to the contracts, debts and engagements of the bank, as fully as if the transfers had been made originally with her knowledge and consent. * * * “We must not bo understood as saying that the mere transfer of the stocks n the books of the bank to the name of the defendant imposed upon her the individual liability attached by law to the position of shareholder In a national banking association. If the transferís were, in fact, 'Without her knowledge or consent, and she 7oas not informed of what was so done. — nothing more appearing, she would not he held to have assumed or incurred liaMUty for the debts, contracts and engagements of the bamlc. But if, after the transfers she joined in the application to convert the savings bank into a national bank, or in any otiier mode approved, ratified or acquiesced in ”

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Vreeland

3. ““It is also said that femes covert are not liable to suit or judgment at common law, and in general that is true. It is true, also, that the apportionment of liability among stockholders, when duly confirmed, becomes a judgment against each stockholder, to be enforced by execution. But it was competent for the legislature to depart from the rules and analogies of the common law, and to make married women and their estates liable, as other shareholders in banks are liable. This, we think, has been done.””

   1 later decision quote this exact passage · from the majority
   e.g. Robinson v. Turrentine