Sexton v. Kessler & Co.’s Empirical Analysis
225 U.S. 90 · 1912
Citation profile
126 federal appellate · 61 district · 34 state decisions
How this case has been cited
Cited by 309 later decisions (18 by the Supreme Court) — most recently June 2015 · most notably Pearlman v. Reliance Insurance (1962), National City Bank v. Hotchkiss (1913)
126 federal appellate · 61 district · 34 state decisions — followed in 12 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.
Appellate journey
reviewedSexton v. Kessler & Co. (from Second Circuit Court of Appeals)
Relationships
Relies on York Manufacturing Company v. Arthur Cassell J B · Frank Thompson v. Henry Fairbanks · In Re the Accounting of Totten · Richardson v. Shaw
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 309 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““So far as the interpretation of the transaction is concerned it seems to us that there is only one fair way to deal with it. The parties were business men acting without lawyers and in good faith attempting to create a present security out of specified bonds and stocks. Their conduct should be construed as adopting whatever method consistent with the facts and with the rights reserved is most fitted to accomplish the result. * * * So the question is whether anything in the situation of fact or the rights reserved prevents the intended creation of a right in rem, or at least one that is to be preferred to the claim of the trustee. The bankruptcy law by itself does not avoid the transaction.””
6 later decisions quote this exact passage · from the majority““If at any time you have the opportunity of realizing these securities, or any part of them, you are at liberty to take them, and to replace them by others of equal value, though in that case we should, of course, like to see rather better quality.””
2 later decisions quote this exact passage · from the majority““This escrow is intended as a protection against onr long drawings against your good selves.””
2 later decisions 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.