McKinstry v. Thomas’s Empirical Analysis
1953
Citation profile
32 state decisions
How this case has been cited
Cited by 34 later decisions — most recently September 2018 · most notably Dollar v. McKinney (1958), 348 F. Supp. 61 - Belcher v. Birmingham Trust National Bank (1968)
32 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
Relies on Guth v. Loft, Inc. · Wendt v. Fischer · Wilks v. Wilks · Fowler v. Alabama Iron & Steel Co. · Connelly v. Special Road & Bridge District No. 5
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ignorance by complainants of their rights, and the existence of confidential relations qualify the consequences of what might otherwise be laches. Fowler v. Alabama Iron & Steel Co., 164 Ala. 414 , 51 So. 393 . Laches is founded upon acquiescence in the assertion of an adverse right for an unreasonable period of delay on the part of one who would assert it to the prejudice of the adverse party, and does not operate against a complainant on the averments of his bill which show that he had no previous knowledge of such right now sought to be enforced.””
1 later decision quote this exact passage · from the majority“Although T.S. McKinstry's partners in Alabama Pine Company may have been ignorant of his alleged wrongful and duplicitous conduct, necessary to fasten a trust upon the property of the partnership, that would not be sufficient to defeat the trust on such property.”
1 later decision quote this exact passage · from the majority“'equity will impress a trust for the benefit of the corporation on the profits arising therefrom, or on the competitive business itself'”
1 later decision 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.