Clifton v. Tomb’s Empirical Analysis
21 F.2d 893 · 1927
Citation profile
8 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 19 later decisions — most recently July 2010
8 federal appellate · 2 district · 4 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 Mutual Life Insurance Co. of New York v. Hilton-Green · McMullen v. Hoffman · Thomson v. Wooster · Taubel-Scott-Kitzmiller Co. v. Fox · Simmons Creek Coal Co. v. Doran
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Until a certificate of incorporation has been issued or the articles of incorporation filed, according to the statute, a corporation has no being, franchise, or faculties. Its promoters or those engaged in bringing it into existence are in no sense identical with the corporation; nor do they represent it in any relation of agency or have any authority to enter into preliminary contracts binding upon the corporation. Therefore, since a corporation cannot, before its organization, have agents, contract for itself, or be contracted with, it is not liable upon any contract which a promoter attempts to make for it prior to its organization unless the obligation is assumed by its own act after organization is completed.” 13 Am.Jur., See. 100, p. 245. The foregoing states the general rule.”
1 later decision quote this exact passage · from the majority“Any contract having for its object or which in effect perpetrates a fraud on a third person is illegal and void and therefore unenforceable, either in equity or at law.”
1 later decision quote this exact passagee.g. Jones v. McCarthy
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.