Eleanor Erica Strong v. Francisco Gutierrez Repide’s Empirical Analysis
213 U.S. 419 · 1909
Citation profile
113 federal appellate · 12 district · 88 state decisions
How this case has been cited
Cited by 259 later decisions (11 by the Supreme Court) — most recently December 2013 · most notably Pepper v. Litton (1939), Chiarella v. United States (1980)
113 federal appellate · 12 district · 88 state decisions — followed in 20 states
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 Stewart v. Wyoming Cattle Ranche Co. · Agueda Benedicto De La Rama v. Esteban De La Rama · Farmers' Loan & Trust Co. v. New York & Northern Railway Co. · Oliver v. Oliver
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 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If it were conceded, for the purpose of the argument, that the ordinary relations between directors and shareholders in a business corporation are not of such a fiduciary nature as to make it the duty of a director to disclose to a shareholder the general knowledge which he may possess regarding the value of the shares of the company before he purchases any from a shareholder, yet there are cases where, by reason of the special facts, such duty exists.” 213 U.S., at 431 , 29 S.Ct. at 525 .”
2 later decisions quote this exact passage · from the majority“Concealing his identity when procuring the purchase of the stock, by his agent, was in itself strong evidence of fraud.”
2 later decisions quote this exact passage · from the majority“That the defendant was a director of the corporation is but one of the facts upon which the liability is asserted, the existence of all the others in addition making such a combination as rendered it the plain duty of the defendant to speak. He was not only a director, but he owned three fourths of the shares of its stock, and was, at the time of the purchase of the stock, administrator general of the company, with large powers, and engaged in the negotiations which finally led to the sale of the company’s lands . . . to the government at a price which very greatly enhanced the value of the stock. He was the chief negotiator for the sale of all the lands, and was acting substantially as the agent of the shareholders of his company by reason of his ownership of the shares of stock in the corporation and by the acquiescence of all the other shareholders, and the negotiations were for the sale of the whole of the property of the company. By reason of such ownership and agency, and his participation as such owner and agent in the negotiations then going on, no one knew as well as he the exact condition of such negotiations. No one knew as well as he the probability of the sale of the lands to the government. No one knew as well as he the probable price that might be obtained on such sale. The lands were the only valuable asset owned by the company. . . . [B]efore the negotiations for the sale were completed, the defendant employs an agent to purchase the stock, and conceals from ”
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.