Saxlehner v. Eisner’s Empirical Analysis

Citation profile

5 federal appellate · 3 district ·

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In our opinion, the evidence shows the contrary. They were not only executive officers, but also held, each of them, a full power of attorney authorizing them to act in all matters pertaining to the company. The directors were practically nonentities. Whatever business was to be done, and whatever transaction was to be had, rested entirely and solely with these two individuals, who acted on their own initiative and do not seem to have reported to the directors what they did in carrying on the business. No one can read the testimony of the defendants, including that taken in the suit against the corporation (which was put in evidence here), without being convinced that they were practically the corporation, managing it and controlling its affairs as if it were a partnership, with themselves sole partners; that the scheme of pirating complainant’s label originated with them, was worked out and carried into effect by their personal exertions; and that in reality the corporation was but the cover for their individual enterprises. Under such circumstances there might be a failure of justice If tho plaintiff, who has seen his trade-marks boldly appropriated for many years, should he denied any relief against the individuals through whose pernicious activity alone he has been made to suffer the consequent loss.””

   1 later decision quote this exact passage · from the majority
   e.g. Weston Electrical Instrument Co. v. Empire Electrical Instrument Co.

2. ““That a corporation, and, through it, its officers, agents, and servants, had been enjoined from further infringing complainant’s trade-marks, and from conducting a business campaign of unfair competition, did not preclude com plainant from, obtaining an injunction restraining certain of the officers in their individual capacity from performing such unwarranted acts.””

   1 later decision quote this exact passage
   e.g. Ross v. H. S. Geer Co.