United States v. Fritz Augustus Heinze’s Empirical Analysis
218 U.S. 532 · 1910
Citation profile
20 federal appellate · 5 district · 24 state decisions
How this case has been cited
Cited by 78 later decisions (2 by the Supreme Court) — most recently February 2004 · most notably United States v. James a Patten (1913), United States v. Herman a Salen (1914)
20 federal appellate · 5 district · 24 state decisions — followed in 11 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 Coffin v. United States · John Den James Murray and John Kayser v. The Hoboken Land and Improvement Company John Den James B Murray et al. · Holden v. Hardy · United States v. Hess · Agnew v. United States
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the several counts in the indictments charging a misapplication of the funds of the Commercial National Bank it is averred that the misapplication was made with the intent to injure and defraud the association, meaning the national bank, and it is clear, under the ruling of the Supreme Court in the cases just cited, that the charges of misapplication contained in these indictments could not be made out unless it appeared that the funds of the bank had been depleted, withdrawn, or diminished in some form by reason of the action of Dow, aided and abetted by MeClurken and Miller. The jury were instructed that the fact that Miller received credit in his account on the books of the bank for checks drawn on that hank or on other banks constituted a flagrant misapplication of the funds of the Commercial Bank, within the meaning of section 5209; yet it is apparent that merely giving credit to Miller on the books of the hank for the amount of the checks did not lessen the funds held by the bank, nor in fact defraud the association, in any form. To complete a misapplication of the funds of the bank, it was necessary that some portion thereof should be withdrawn from the possession or control of the hank, or a conversion in some form should be made thereof, so that the bank would be deprived of the benefit thereof. It is not necessary in all eases that the money should be actually withdrawn from thfe bank. Thus if, by connivance between a bank official and a customer of the bank, th”
1 later decision quote this exact passage · from the majority““We think the willful misapplication made an offense by this statute means a misapplication for the use, benefit, or gain of the party charged, or of some company or person other than the association. Therefore, to constitute the offense of willful misapplication, there must be a conversion to his own use or the use of some one else of the moneys and funds of the association by the party charged.””
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.