Jackson v. Smith’s Empirical Analysis

Citation profile

116 federal appellate · 9 district · 68 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 311 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ambrose, had, as receiver, the affirmative duty to endeavor to realize the largest possible amount from the Schwab note. Baker v. Schofield, 243 U.S. 114 , 37 S.Ct. 333 , 61 L.Ed. 626 ; Robertson v. Chapman, 152 U.S. 673 , 681, 14 S.Ct. 741 , 38 L.Ed. 592 . To this end it was his duty to endeavor to have the land, when sold under the trust deed, bring the largest possible price. J. H. Lane & Co. v. Maple Cotton Mill, 146 C.C.A. 415 , 232 F. 421 . When he agreed with Smith and Wilson to join in the purchase if Wilson should become the successful bidder, he placed himself in a position in which his personal interests were or might be, antagonistic to those of his trust. Michoud v. Girod, 4 How. 503 , 552, 11 L.Ed. 1076 . It became to his personal interest that the purchase should be made by Wilson for the lowest possible price. The course taken was one which a fiduciary could not legally pursue. Magruder v. Drury, 235 U.S. 106 , 119, 120, 35 S.Ct. 77 , 59 L.Ed. 151 . Since he did pursue it and profits resulted the law máde him accountable to the trust estate for all the profits obtained by him and those who were associated with him in the matter, although the estate may nbt have been injured thereby.””

   6 later decisions quote this exact passage · from the majority
   e.g. National Builders Bank v. Brown · In Re Los Angeles Lumber Products Co.