Pendleton v. Russell’s Empirical Analysis

Citation profile

34 federal appellate · 10 district · 73 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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Looking at the judgment of the'circuit court of the United States, we are satisfied that the ruling of the court of appeals was correct. That judgment purports to be against the insurance company, but that company, at the time, had no legal existence. It had been dissolved, and franchises, rights, and privileges declared forfeited, by a decree of the supreme court of New York in a proceeding brought by the attorney general of the state in the name of the people, and a receiver appointed of the effects of the corporation. The judgment was therefore no more valid against a nonexisting corporation than it would have been if rendered for a like amount against a dead man. The receiver was not substituted in the place of the dissolved corporation. No process or citation was issued by that court, to bring him before it, nor any proceeding taken for that purpose. Nor would such a proceeding have had any effect, for, the corporation having expired, the suit itself had abated.””

   2 later decisions quote this exact passage · from the majority
   e.g. Avery v. Boston Safe-Deposit & Trust Co. · Meramec Spring Park Co. v. Gibson

2. “Had the original judgment of the Circuit Court of the United States been affirmed, instead of being reversed, it having been rendered when the insurance company was in existence, it would have stood as a valid claim against the assets of that company after its dissolution.”

   1 later decision quote this exact passage · from the majority
   e.g. Riehle v. Margolies