Maulding v. United States’s Empirical Analysis
257 F.2d 56 · 1958
Citation profile
15 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 26 later decisions — most recently January 2001 · most notably Verdugo v. United States (1968), Benchwick v. United States (1961)
15 federal appellate · 2 district · 7 state decisions
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
Applies 18 U.S.C. § 4
Relies on Davis v. Aetna Acceptance Co. · Irving Trust Company v. Bowditch · Cavness v. United States · Mosca v. United States · Hamilton v. Billington
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A relationship of bailer-bailee arises when the owner, while retaining general title, delivers personal property to another for some particular purpose or upon an express or implied contract to redeliver the goods when the purpose has been fulfilled, or to otherwise deal with the goods according to the bailor's directions.”
3 later decisions quote this exact passage · from the majority“A bailor has a general property interest in the property; an entruster has only a security interest. A bailee has no property interest in the bailment. Thus, upon repossession and sale by the bailor, the bailee has no interest in the proceeds other than as compensation for services performed while holder of the property. The trustee in a trust receipt transaction, on the other hand, usually has a property interest in entrusted property which entitles him to the surplus proceeds of any sale, upon repossession by the entruster. No debtor-creditor relationship exists between a bailor and bailee, and the bailee may return the property to the bailor without incurring liability. On the other hand, in a trust receipt transaction, a debtor-creditor relationship always exists between a trustee and his entruster. The trustee cannot discharge his obligation by returning the property.”
1 later decision quote this exact passage · from the majoritye.g. Amidon v. State“the trust receipt transaction here in question did not create a bailor-bailee relationship between the bank and Maulding. It follows that his conversion of the trailer which was the subject of the trust receipt could not be `embezzlement by bailee,' within the meaning of the Alaska statute. (footnote omitted)”
1 later decision quote this exact passage · from the majoritye.g. Amidon v. State
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.