Kadane v. Clark’s Empirical Analysis
1940
Citation profile
5 federal appellate · 73 state decisions
How this case has been cited
Cited by 83 later decisions — most recently December 1991 · most notably Securities & Exchange Commission v. C. M. Joiner Leasing Corp. (1943), Flournoy v. Gallagher (1945)
5 federal appellate · 73 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 Hall v. Geiger-Jones Co. · Gibbs v. Consolidated Gas Co. of Baltimore · Harris v. Runnels · Miller v. Ammon · Myers v. Meinrath
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * clearly the outstanding purpose of this Act is for the protection of the public. Its object is to regulate the sale of securities and to protect the public from fraud and imposition by those engaged in worthless securities. The public policy of this State with reference to such sales is clearly expressed in this Act.””
4 later decisions quote this exact passage · from the majority““Sec. 3. Except as hereinafter in this Act specifically provided, the provisions of this Act shall not apply to the sale of any security when made in any of the following transactions and under any of the following conditions, and the company or person engaged therein shall not be deemed a dealer within the meaning of this Act; that is to say, the provisions of this Act shall not apply to any sale, offer for sale, solicitation, subscription, dealing in or delivery of any security under any of the following transactions or conditions: * * * “(c) Sales of securities made by, or in behalf of a vendor in the ordinary course of bona fide personal investment of his personal holdings, or change of such investment, if such vendor is not otherwise engaged either permanently or temporarily in selling securities; provided, that in no event shall such sales or offerings be exempt from the provisions of this Act when made or intended, either directly or indirectly, for the benefit of any company or corporation within the purview of this Act. * * * “(i) The sale to any bank, trust company, loan and brokerage corporation, building and loan association, insurance company, surety or guaranty company, savings institution, or to any registered dealer provided such dealer is actually engaged in buying and selling securities.””
2 later decisions quote this exact passage · from the majority“Section 2(a) : "The term ‘Security’ or ‘Securities’ shall include * * * any instrument representing any interest in or under an oil, gas or mining lease, fee or title.” Section 2(b): “The term ‘company’ shall include a corporation, a person, joint stock company, partnership, association, company Section 2(c): “The term ‘dealer’ shall include every person * * * who engages in this State, either for all or part of his * * * time, directly or through an agent, in selling, offering for sale or delivery or soliciting subscriptions to, or orders for, or undertaking to dispose of, or to invite offers for, or dealing in any other maimer in any security or securities within this State.” Section 2(e): “The terms ‘sale,’ or ‘offer for sale’ or ‘sell’ shall include every disposition, or attempt to dispose of a security for value. The term ‘sale’ means and includes contracts and agreements whereby securities are sold * * * for money. * * * The term ‘sell’ means any act by which a sale is made, and the term ‘sale’ or ‘offer for sale’ shall include * * * a solicitation of sale, an attempt to sell, or an offer to sell, directly or by an agent * * * or otherwise, • * * Section 3: “Except as hereinafter in this Act specifically provided, the provisions of this Act shall not apply to the sale of any security when made in any of the following transactions and under any of the following conditions, and the company or person engaged therein shall not be deemed a dealer within the meaning of this A”
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.