Shaw v. Creedon’s Empirical Analysis
1943
Citation profile
9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently November 2002
9 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 Otis v. . Conway · McDonald v. May · F.W. Woolworth Co. v. Rice
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘[Sjuppose the case to be that the original lessee is insolvent and unable to pay the rent; the question would then arise whether the underlessee should be permitted to enjoy the profits and possession of the estate without accounting for the rent to the original lessor. Undoubtedly there would be no remedy at law. But it is understood that in such a case Courts of Equity would relieve the lessor and would direct a payment of the rent to the lessor .... and besides in the eyes of a Court of Equity the rent seems properly to be a trust or charge upon the estate; and the lessor is bound, at least in conscience, not to take the profits without a due discharge of the rent out of them.’ Story, Equity Jurisprudence § 926.””
1 later decision quote this exact passage“At common law a surrender of his term by a lessee and its acceptance by the lessor merged the lesser term into the greater.” So, it was held that, while a sub-tenant was not deprived of his right to use the property demised to him, neither the lessor nor the lessee could maintain an action against him for rent. Webb v. Russell, 3 T. R. 393; 100 Eng. Report 639. In McDonald v. May, 96 Mo. App. 236 ; 69 S. W. Rep. 1059, 1061 , the court said:”
1 later decision quote this exact passagee.g. Baum v. Tazwell““ ‘When the lessee becomes insolvent, equity will compel the subtenant to make all future payments of rent to the lessor according to the terms of the sublease, insofar as necessary to secure the lessor.’ 16 R.C.L., Landlord and Tenant § 384.””
1 later decision quote this exact passage
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.