Colonial Trust Co. v. Montello Brick Works’s Empirical Analysis
172 F. 310 · 1909
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 8 later decisions — most recently April 1944
3 federal appellate · 2 district ·
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 Commonwealth v. Standard Oil Co. · Montgomery Web Co. v. Dienelt · Kendall v. Klapperthal Co. · Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co. · Monongahela Bridge Co. v. Pittsburg & Birmingham Traction Co.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It will thus appear this company was called into being- to do local Pennsylvania work. It had no purpose to exercise its charter power elsewhere ihan in that state, and it made no effort or pretense so to do. Everything it did was a local act and in fulfillment of the local purpose for which it was created. Manifestly its sole purpose was to avoid the requirements of the Pennsylvania laws in tiie issue of bonds and doing the financing necessary to enable the local company to carry on Hie local operations. Indeed, it is clear it was a mere extra-Pennsylvania agency called into being and locally utilized by a local company for the purpose of doing local work. On the part of the Mon-tello Brick Works, while it was a case of faeit per alinm, it was none the less a case of faeit. per se, and, viewed from 1he latter standpoint, it is clear that all its. operations were, as they were at all times intended they should be. a doing of business in Pennsylvania. Judged from the intent of all parlies concerned. and linding such intent emphasized by e.very proven act, we are clear the undoubted purpose of every one concerned was to have this company do business in Pennsylvania. Whatever its powers were to act elsewhere is quite apart from the preseut inquiry as to what it actually did in Pennsylvania. It is to he judged by the things it has done here, and not by those it has left undone elsewhere.””
1 later decision quote this exact passage · from the majority““If the Delaware company, in the advance of this money ancl the.taking of these notes, was doing business in the state of Pennsylvania, the claim was rightly refused.””
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.