Scott v. Abbott’s Empirical Analysis
160 F. 573 · 1908
Citation profile
18 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 28 later decisions — most recently November 2001 · most notably Stirling Homex Corporation v. Raichle (1978), Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.) (2000)
18 federal appellate · 5 district · 2 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 Hollins v. Brierfield Coal & Iron Co. · Hawkins v. Glenn · Sanger v. Upton · Handley v. Stutz · Scott v. Deweese
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That when one has for a considerable period of time prior to the failure of a corporation occupied the position of one of its stockholders, and exercised and enjoyed the rights, privileges, and fruits of that relation, including the chance of enhanced value of his holdings, when fortune frowns, and the chances turn against him, it is too late to assert, as against creditors of the corporation, the right to rescind his contract of stock subscription on the ground of false representations after a state of insolvency has supervened, and after proceedings to wind up the corporation for the benefit of creditors have been or are about to be instituted.” Hood v. Wallace, 97 Fed. 983 , 38 C. C. A. 692 , affirmed in 182 U. S. 555 , 21 Sup. Ct. 885 , 45 L. Ed. 1227 .”
1 later decision quote this exact passage · from the majoritye.g. Salter v. Williams““If the subscriber became a shareholder in consequence of frauds practiced upon him by others, whether they be officers of the bank or officers of the government, he must look to them for such redress as the law authorizes, and is estopped, as against creditors, to' deny that he is a shareholder, within the meaning of section 5151 [U. S. Comp. St. 1901, p. 3405], if at the time the rights of creditors accrued he occupied and was accorded the right's appertaining to that position.””
1 later decision quote this exact passage · from the majoritye.g. Alsop v. Conway“(t)he real party against which (the stockholders) are seeking relief is the body of general creditors of their corporation. Whatever relief may be granted to them in this case will reduce the percentage which the general creditors will ultimately realize upon their claims.”
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.