Bertha Doctor v. John Harrington a’s Empirical Analysis

Citation profile

86 federal appellate · 35 district · 7 state decisions

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

1. ““Tbe presumption that a corporation is composed of citizens of the state which created it accompanies such corporation when it does business in another state, and it may sue or be sued in the federal courts in such other state as a citizen of the state of its original creation. We are now aslred to extend the doctrine of indisputable citizenship, so that if a corporation of one state, indisputably taken, for the purpose of federal jurisdiction, to be composed of citizens of sucb state, is authorized by the law of another state to do business therein, and to lie endowed for local purposes, with all the powers and privileges of a domestic corporation, such adopted corporation shall be deemed to be composed of citizens of the second state, in such a sense as to confer jurisdiction on the federal courts at the suit of a citizen of the state of its original creation. We are unwilling to sanction a doctrine which, as heretofore established, went to the very verge of judicial power. That doctrine began, as we have seen, in the assumption that state corporations were composed of citizens of the state which created them; but such assumption was one of fact, and was the subject of allegation and traverse, and thus the jurisdiction of the federal courts might be defeated. Then, after a long contest in this court, it was settled that the presumption of citizenship is one of law, not to be defeated by allegation or evidence to the contrary. There we are content to leave it.””

   2 later decisions quote this exact passage · from the majority
   e.g. Hirsch v. Independent Steel Co. of America · Amtorg Trading Corp. v. United States

2. ““The ninety-fourth rule in equity contemplates’ that there may be, and provides for, a suit brought by a stockholder in a corporation, founded on rights which may properly be asserted by the corporation. And the decisions of this court establish that such a suit, when between citizens of different states, involves a controversy cognizable in a Circuit Court of the United States. The ultimate interest of the corporation made defendant may be the same as that of the stockholder made plaintiff; but the corporation may be under a control antagonistic to him, and made to act in a way detrimental to his rights. In other words, his interests and the interests of the corporation may be made subservient to some illegal purpose. If a controversy hence arise, and the other conditions of jurisdiction exist, it can be litigated in a federal court.””

   2 later decisions quote this exact passage · from the majority
   e.g. Howard v. National Telephone Co. · In Re Digimarc Corp. Derivative Litigation

3. ““It will 'be observed, therefore, that there was no compliance with the requirements of rule 94 (27), as expressed in, its letter. The efforts that were made to secure the) action of the managing directors or trustees were not ‘set forth with particularity.’ NoUiing was alleged but the domination of John J. Harrington and Ms control of the directors. What he did, and in what way he exerted control, was not alleged. In other words, the bill seemed to show a case, not of compliance with the requirements of rule 94 (27), but circumstances which excused from such compliance. * " * And wo decided that these principles (upon which the rule was based) were satisfied by the allegations of the hill and that such antagonism existed between the complainants in the suit and the directors of the corporation that they would suffer irremediable loss if not permitted to sue. In other wort!;:, complainants were in such a situation by reason of the power which Harrington possessed over '! * '=' the corporation — directors and stockholders — that appeals to them for action would have been futile.””

   1 later decision quote this exact passage · from the majority
   e.g. Krouse v. Brevard Tannin Co.