Hecht v. Malley’s Empirical Analysis

Citation profile

190 federal appellate · 54 district · 60 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 574 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “appears to be used in the Act in its ordinary meaning. It has been defined as a term”

   15 later decisions quote this exact passage · from the majority
   e.g. Alyea-Nichols Co. v. United States · Coleman-Gilbert Associates v. Commissioner

2. ““Even in the absence of any control by the beneficiaries, where the trustees are not restricted to the mere collection of funds and their payment to the beneficiaries, but are associated together with similar or greater powers than the directors in a corporation for the purpose of carrying on some business enterprise, the trust is an association within the meaning of the statute.””

   10 later decisions quote this exact passage · from the majority
   e.g. Trust No. 5833, Security-First Nat. Bank of Los Angeles v. Welch · Reinecke v. Kaempfer

3. ““The issuance of certificates evidencing beneficial interests in the property and profits of the trust is one of the characteristic features of the Massachusetts or business trust. ‘These certificates, which resemble certificates for shares of stock in a corporation and are issued and transferred in like manner, entitle the holders to share ratably in the income of the property, and, upon termination of the trust, in the proceeds.’ “The trust instrument often prescribes the terms and conditions of certificates of shares to be issued, which are similar in form and substance to corporate shares. “Transferable certificates of shares in a business trust ‘are equitable choses in action bearing a close resemblance to certificates of stock in a corporation.’ The certificate is a muniment of title and evidence of ownership of stock. It has been said that such certificates are not chattels, but are evidence of intangible rights which have some of the characteristic qualities of chattels. “The interest of a shareholder in a business trust has been said to be personalty and not real estate, although the trust estate consists largely of real property, and notwithstanding the frequent statement that shareholders have an equitable interest in the trust property.””

   8 later decisions quote this exact passage · from the majority
   e.g. Navarro Savings Assn. v. Lee · Cattle Raisers' Loan Co. v. Sutton