Johnson v. Duensing’s Empirical Analysis
1960
Citation profile
4
cited by 4 later decisions
1
states following
March 1975
most recently cited
3 state decisions
Relationships
Relies on Pepper v. Litton · Hayes v. St. Louis Union Trust Co. · Moffett v. Commerce Trust Company · Dowd v. Lake Sites, Inc. · Bromschwig v. Carthage Marble & White Lime Co.
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The prevailing rule in this state, however, remains as quoted with approval by this court in Bromschwig v. Carthage Marble & White Lime Co., 334 Mo. 319 , 66 S.W.2d 889, 892, 893 , as follows: "`A director or other officer may not either directly or indirectly derive any personal profit, benefit, or advantage by reason of his position that is not enjoyed in common by all the stockholders. He will not be permitted to retain any secret profits made by him in breach, or in disregard, of his fiduciary relation but will be required to account for such profits to the corporation. * * * It is immaterial that the corporation was not damaged by the transaction in which the profits were made, or that he acted throughout in the highest good faith and without intent to injure the corporation.' "See, also Ford v. Ford Roofing Products Co., Mo.App., 285 S.W. 538 ; Keokuk Northern Line Packet Co. v. Davidson, 95 Mo. 467 , 8 S.W. 545 ; Frankford Exchange Bank v. McCune, Mo.App., 72 S.W.2d 155 . "It is said by some authorities that such strict restrictions on the activities of a director no longer accord with the more modern view. 13 Am.Jur., Section 1001, Supp. 1958-59. `Fraud is not presumed. Domination or control of a corporation is not equivalent to fraud. A transaction is not actionable merely because the directors may derive an advantage from it.' 13 Fletcher Cyclopedia, Corporations, Section 5829. "However, notwithstanding the view expressed by the courts in some jurisdictions on the ”
2 later decisions quote this exact passage · from the majority
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.