Humphreys v. McKissock’s Empirical Analysis

Citation profile

44 federal appellate · 8 district · 94 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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The commissioner in his report committed a manifest error in holding that the Wabash Company possessed any interest in the property of the Elevator Company. The facts found by Mm as to the organization of the latter, the subscription to its slock, tbe construction of tbe elevator and its lease to others, show beyond controversy tbe independent existence of that corporation, and that tbe railway company had no specific interest in its elevator or other property which it could mortgage. It was a mere stockholder in the Elevator Company. * * * Both the commissioner, and the court, in confirming his report and entering the decree mentioned, seem to have confounded the ownership of stock in a corporation with ownership of its property. But nothing is more distinct than the two rights; the ownersHp of one confers no ownership of the other. The property of a corporation is not subject to the control of individual members, wheth- ■ er acting separately or jointly. They can neither encumber nor transfer that property, nor authorize others to do so. The corporation — the artificial being created — holds the property, and alone can mortgage or transfer it; and the corporation acts only through its officers, subject to tbe conditions prescribed by law.””

   4 later decisions quote this exact passage · from the majority
   e.g. Electric Ry. Co. v. Jamaica & B. R. · In re Roanoke Furnace Co.

2. ““* * * [A]s a rule a grantee .can acquire by his deed only the land described in it, and does not acquire by way of appurtenant land outside such description. ****** “For in Humphreys v. McKissock, 140 U.S. 304 , 11 S.Ct. 779, 781 , 35 L.Ed. 473 , it was said, quoting from Woodhull v. Rosenthal, 61 N.Y. 382, 390 , that ‘land can never be appurtenant to other land, or pass with it as belonging to it. All that can be reasonably claimed is that the word “appurtenance” will carry with it easements and servitudes used and enjoyed with the lands for whose benefit they were created. Even an easement will not pass unless it is necessary to the enjoyment of the thing granted.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Catterall v. Pulis · Standard Oil Company v. Milner

3. ““The individual members of the corporation, whether they should all join, or each act severally, have no right or power to intermeddle with the property or concerns of the bank, - or call any officer, agent, or servant to account, or discharge them from any liability. Should all the stockholders join in a power of attorney to any one, he could not take possession of any real or personal estate, any security or chose in action, could not collect a debt, or discharge a claim, or release damage- arising from any default, simply because they are not the legal owners of the property, and damage done to such property is not an injury to them. Their rights and their powers are limited and well-defined.””

   2 later decisions quote this exact passage · from the majority
   e.g. Wootton Land & Fuel Co. v. Ownbey · Rough v. Breitung