United States v. Harper’s Empirical Analysis

Citation profile

18 federal appellate · 2 district · 3 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “: “If the defendant withdrew moneys from the hank for the use of the Illinois Southern Railway Company, the Southern Indiana Itailwny Company, flu1 Chicago Chronicle Company, the Bedford Quarries Company, the Equitable Trust Company, or the Wisconsin & Michigan Railway Company, or any of them, by means of checks drawn by these companies on said bank when the company drawing the check had no funds or moneys on deposit against which to draw, if the defendant acted in good faith, honestly believing that the corporation or company so withdrawing the funds or moneys would he able to repay the same, when required, then the defendant would not "be guilty of the intent to defraud the bank as charged; lmt, on the.other hand, if the defendant acted in bad faith, and did not believe, and lmd no reasonable ground to believe, that the company or corporation so withdrawing such moneys or funds could repay such overdrafts when required to <lo so, then the defendant had no lawful right to make such overdrafts, or allow them to be made. “The acts constituting criminal misapplication must be done or committed with intent to injure oi' defraud the bank. This intent 1o injure or defraud is made by the statute an ingredient or element in this offense. In directing that this offense, or the acts constituting it, must be committed with intent to injure or defraud the bank, the statute does not mean that it must be made to appear that the accused had malice or ill will toward the bank. These term”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Morse v. United States · Walsh v. United States

2. “It is not, however, necessary that he should have been in the exclusive custody or possession at the time of the conversion to his own use, in order to constitute this offense. If the evidence establishes that the business and assets of the bank were actually or practically intrusted to the care and management of the defendant, so that, by virtue of his position as vice president, director, or agent, he had not merely access to, or a constructive holding of, but such actual custody of the funds, moneys, and credits of the association as enabled him to have and exercise control over the same, that would place him in the lawful possession of said funds or other property; and if, while so lawfully in possession of such assets, funds, and credits, or other property, committed to his care and custody for the benefit of the bank, he wrongfully converts any part or portion of said assets to his own use, with intent to injure or defraud the association, he would thereby commit the offense of embezzlement. If his position and employment gave the defendant a superior or a joint and concurrent possession with subordinate employes (sic) or agents of the bank, that would be sufficient to place him in such lawful possession as would enable him to commit the crime of embezzlement, in relation to assets of the bank so committed to his keeping. If, for example, his position and employment in the bank gave the defendant a joint or concurrent possession and custody of the bank's moneys, funds, ”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kansas Bankers Surety Co. v. Eggleston (In Re Eggleston)

3. “actual and lawful possession or custody ... by virtue of some trust ....”

   1 later decision quote this exact passage · from the concurrence
   e.g. United States v. Whitlock