Whipple v. Parker’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But there was no proof of the filing of the articles with the secretary of State, as required of corporations of this kind before they are allowed to commence business. Comp. Laws 187Í, § 2838. And it was probably for this reason (for the record does not show the ground) that the objection was made that there was no legal evidence of incorporation. But whether this statute does not recognize the corporation as in existence before the filing of the articles, and whether the want of such filing before commencing business is not an objection which can only be made on behalf of the State, as we are inclined to think; or whether the defendant as a member, participating in the formation and in the business of this corporation de facto, was not estopped from denying its incorporation (Swartwout v. Railroad Co., 24 Mich. 389 ), and whether there was not legal evidence of the corporation, are questions not necessary to the decision of this case, and I do not propose to consider them.””

   1 later decision quote this exact passage
   e.g. Newcomb-Endicott Co. v. Fee

2. ““ But if the contract has been executed by the other party, and he has received the consideration and accepted its benefit, an action may be maintained against him for the benefit thus conferred, the money, property, or value thus accepted and appropriated by him; not, however, upon the contract, but upon the appropriate common counts in assiompsit, and upon the duty, promise, or obligation springing from the property, money, or benefit thus conferred by the plaintiff, and received and appropriated by thé defendant.” See, also, Pierce v. Estate of Paine, 28 Vt. 34 ; Emery v. Smith, 46 N. H. 151.”

   1 later decision quote this exact passage
   e.g. Cadman v. Markle