Public-domain · open source
OpenJurist
← 158 MO 197 - Paul v. Draper

Paul v. Draper’s Empirical Analysis

1900

Citation profile

67
cited by 67 later decisions
1
cited 1 times by the Supreme Court
13
states following
May 1942
most recently cited

4 federal appellate · 62 state decisions

How this case has been cited

Cited by 67 later decisions (1 by the Supreme Court) — most recently May 1942 · most notably Salem Trust Co. v. Manufacturers' Finance Co. (1924), Butcher v. Butler (1908)

4 federal appellate · 62 state decisions — followed in 13 states

37019001910192019301940decided

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 National Bank v. Insurance Co. · Little v. Chadwick · McLeod v. Evans · Harrison v. Smith · Nonotuck Silk Co. v. Flanders

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

  1. ““The fact that the deposit was of a trust fund, and known to the bank to be such, would not of itself make the bank a trustee of the fund for the benefit of the cestui que trust. In order to have that effect there must have been something in the circumstances of the deposit to constitute it a special, as contradistinguished from a general, deposit, into which two classes all deposits in commercial banks may be divided. If the deposit belonged to the former class the fiduciary relation might well arise; if to the latter, in the absence of mala fides, it could not do so, for by a general deposit in good faith the title to the fund deposited passed. The bank became the owner thereof, the relation of debtor and creditor, and not that of trustee and cestui que trust, was created.””
    2 later decisions quote this exact passage

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.