Considerant v. . Brisbane’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 41 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In adopting the latter rule, it was easily to be seen that there were a class of cases in which it would be extremely prejudicial to the remedy, as well as difficult of application, viz., the case of executors, persons authorized by statute to sue, and trustees of an express trust. To obviate this, it was specially provided that, in these cases, the executor, or statutory party, or trustee of an express trust, might sue without joining with him the person for whose benefit the action was prosecuted. (Code, § 113.) The term, ‘trustee of an express trust,’ had, however, acquired a technical and statutory meaning. Express trusts, at least up to the adoption of the Revised Statutes, were defined to be trusts created by the direct and positive acts of the parties by some writing, or deed, or will; and the Revised Statutes had abolished all express trusts, except as therein enumerated, which related to land. If the 113th section of the Code was to be confined and limited to those enumerated as express trusts, the practical inconvenience arising from making the beneficial interest the sole test of the right to sue, and which that section was intended to obviate, would continue to exist in a large class of formal and informal trusts. Accordingly, in 1851, the section was amended by adding the provision that ‘a trustee of an express trust, within the meaning of the section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of anoth”

   1 later decision quote this exact passage
   e.g. 11 Wash. 2d 108 - Eichner v. Cahill

2. ““Every action must be prosecuted in the name ot the real party in interest, except that an executor or administrator, a trustee oí an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted, A person, with whom or m whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.” Section 449,”

   1 later decision quote this exact passage
   e.g. P. N. Gray & Co. v. Cavalliotis

3. ““Before the Code, I think, the remedy at law, upon an express contract of this character, must have been enforced in the name of the plaintiff; but that, if there was any doubt upon this subject, the plaintiff clearly falls within that description of person who, by the 113th [now 449th] section of the Code, shall be construed to be a ‘trustee of an express trust,’ and, as such, authorized to sue.””

   1 later decision quote this exact passage
   e.g. P. N. Gray & Co. v. Cavalliotis