Robertson v. Malone’s Empirical Analysis
190 F.2d 756 · 1951
Citation profile
8 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 29 later decisions — most recently October 2006 · most notably Shelak v. White Motor Co. (1978), Compton v. United States (1964)
8 federal appellate · 3 district · 3 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 General Electric Co. v. Marvel Rare Metals Co. · Western Tie Timber Company v. Ben a Brown S F · Libby v. Hopkins · Dakin v. Bayly · Everglade Cypress Co. v. Tunnicliffe, as Liqdr.
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““On the other hand, even though the defendant was not entitled to merge by set-off his obligation to the statutory liquidator with his individual claim against such plaintiff, it did not follow that he was not entitled to have the merits of his counterclaim adjudicated. The statutory liquidator, representing the estate against which the defendant must assert his claim, was before the Court. Jurisdiction was present both as to citizenship and the amount in controversy and the defendant was entitled to maintain his counter-claim, at least in the absence of a showing of any proceeding or order staying the assertion of claims against the liquidator except in the liquidation proceedings. This might constitute a bar. Any judgment in favor of defendant upon his counterclaim would not necessarily determine that he was entitled to any more than a payment prorata with other creditors but it would liquidate his claim. In the present state of the pleadings and proof he was entitled to the judgment of the Court upon the merits in order to so liquidate his claim. The Court could have made clear that the rank and lien of any amount as thus liquidated would be left for determination in the liquidating proceedings in Pennsylvania. “The ruling of the Court that the claim of the plaintiff statutory-liquidator was not subject to set-off against the defendant’s claim as creditor in an individual capacity was correct, but the additional ruling that the Court would not adjudge the merits of the cou”
2 later decisions quote this exact passage · from the majority“"* * * The premiums, upon collection by the agent, became a trust fund, and thereupon arose a trust relation, and not a relation of debtor and creditor. Thus, the collected premiums were held in a fiduciary capacity. The debt owing the defendant, if existent, was due to him individually * * *"”
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.