Adams v. Champion’s Empirical Analysis

Citation profile

19 federal appellate · 10 district · 5 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““For nearly three years after the sale of this stock, the situation stood unchanged. An adequate remedy against the bank through the recovery of an ordinary money judgment belonged to the trustee continuously, and this whether the award of the value was to be at law or in equity. Schoenthal v. Irying Trust Co. [ 287 U.S. 92 , 53 S.Ct. 50 , 77 L.Ed. 185 , 21 A.B.R.(N.S.) 620] supra; Buffum v. Peter Barceloux Co. [ 289 U.S. 227 , 53 S.Ct. 539 , 77 L.Ed. 1140 ] supra. There was no attempt during those years to separate the proceeds of the sale from other assets through an injunction or a receivership, nor any hint of a desire to charge a trust upon the proceeds. Not till the suit was at an end and the bank was in the hands of the Comptroller of the Currency did the respondent shift his theory and turn a debt into a trust. By that time new duties had arisen, new interests had intervened. The assets of the bank were now held by the receiver upon a trust for equal distribution. Cf. Wisdom v. Keen (C.C.A.[5th]) 69 F.2d 349, 350 ; Fera v. Wickham, 135 N.Y. 223, 230 , 31 N.E. 1028 , 17 L.R.A. 456 ; Gerseta Corporation v. Equitable Trust Co., 241 N.Y. 418, 425 , 150 N.E. 501 , 43 A.L.R. 1320 . The shift had come too late.””

   1 later decision quote this exact passage · from the majority
   e.g. Walsh v. Deitrick

2. ““ * * * By a process of analysis a unitary transaction, the cancellation of a debt to a depositor, is treated as if split up into two parts, a fictitious withdrawal by the depositor of coin or other currency, and its return to the bank to be applied upon the purchase. The money so returned is then subjected to a trust and though mingled with other money is viewed as retaining its identity so long as any portion of the fund is discovered to be intact. These fictions and presumptions may serve well enough in their application to one whose act is against equity and conscience at the time of its commission. They may be implements of justice in cases of theft or actual fraud. So, at least, we now assume.””

   1 later decision quote this exact passage · from the majority
   e.g. Paradise v. McKey

3. “Evidence is lacking that it was withdrawn in such a form or for such purposes as to be represented by any assets forming part of the estate today.”

   1 later decision quote this exact passage · from the majority
   e.g. Hoffman v. Rauch