Curtis v. Connly’s Empirical Analysis

Citation profile

97 federal appellate · 21 district · 25 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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Three new directors came upon the board before August 3, 1910. It is alleged unmistakably in the bill that all the directors were chargeable with notice and did in fact know that the dividends were paid out of assets and not earned and that the improper loans should be recalled. Even if otherwise the statute of limitations would not have run, which we do not imply, knowledge of the facts by the new directors was knowledge by the bank, and none the less that according to the bill they in their turn were unfaithful. It is not alleged that they conspired with the defendants whose case we are considering. “They came to the board as the eyes of the bank. Anyone of them having notice was bound to do what he could to avert or diminish the loss. Indeed the bill seeks to charge one of them for not having done his duty. Notice to an officer, in the line of his duty, was notice to the bank. A single director like a single stockholder could proceed'in the courts. Joint Stock Dis count Co. v. Brown, L.R. 8 Eq. 381, 403.” (Emphasis added) in the present suit, there can be no dispute that at least one and probably three independent directors have served on the board of directors of IRCA since 1959 In factj one of the independent directors was on a slate of directors proposed by and including several Ripley plaintiffs at the 1952 IRCA annual meet. ing of stockholders. This slate, which wag defeated in 1952 after a bitterly contested proxy fight, had the overwhelming support of the stockhold”

   2 later decisions quote this exact passage · from the majority
   e.g. 254 F. Supp. 233 - International Railways of Central America v. United Fruit Co. · IIT v. Cornfeld

2. ““The statute of limitations must not be applied so narrowly that business men will be afraid to take directorships, and however this bill be read in its details it appears to us not to charge enough to deprive the appellees of the protection of the act. It is said that they stood in a fiduciary relation to the bank. But they were strangers to it when they left the board, more than six years before this suit was brought. We see no reason why the statute should not apply.””

   1 later decision quote this exact passage · from the majority
   e.g. Bovay v. H. M. Byllesby & Co.