Thomas v. Taylor’s Empirical Analysis

Citation profile

38 federal appellate · 11 district · 29 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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That the words ‘shall knowingly violate, or knowingly permit,’ etc., found in the first sentence of section 5239, Rev. Stat., were intended to express the rule of conduct which the statute established as a prerequisite to the liability of directors for a violation of the express provisions of the title relating to national banks, is additionally shown by the oath which a director is required to take, wherein, as already stated, he swears ‘that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this title.’ Mark the contrast between the general common-law duty to ‘diligently and honestly administer the affairs of the association’ and the distinct emphasis embodied in the promise not to ‘knowingly violate, or willingly permit to be violated, any of the provisions of this title.’ In other words, as the'statute does not relieve the directors from the common-law duty to be honest and diligent, the oath exacted responds to such requirements. But as, on the other hand, the statute imposes certain express duties, and makes a knowing violation of such commands the test of civil liability, the oath in this regard also conforms to the requirements of the statute by the promise not to ‘knowingly violate, or willingly permit to be violated, any of the provisions of this title.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. McCormick v. King

2. ““Not, therefore, that as a condition of liability there should be proof of something more than recklessness; not that there should be an intentional violation, but a violation ‘in effect’ intentional.” .”

   1 later decision quote this exact passage · from the majority
   e.g. Grandprey v. Bennett

3. ““There is ‘in effect’ an intentional violation of a statute when one deliberately refuses to examine that which it is his duty to examine.””

   1 later decision quote this exact passage · from the majority
   e.g. Grandprey v. Bennett