Cottrell v. Manlove’s Empirical Analysis

Citation profile

12 federal appellate · 1 district · 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The remedies afforded by these two sections cannot be called cumulative, and considered equally open to creditors. One relates to the exigency of corporate insolvency ; the other, to that of corporate dissolution. Under one, the proceeding lies because th.e corporation is bankrupt, though not necessarily dissolved ; under the other, because it is dissolved, though not necessarily bankrupt. The remedy of the section last quoted' is open to the creditors immediately upon the dissolution of the corporation. Under its provisions, there is no occasion to await the recovery of a judgment against the company, but action may at once be brought against its stockholders.””

   2 later decisions quote this exact passage
   e.g. Whitman v. Atkinson · Remington Paper Co. v. Hudson

2. ““If any execution shall have been issued against the property or effects of a corporation, except a railway or a religious or charitable corporation, and there cannot be found any property whereon to levy such execution, then execution may be issued against any of the stockholders, to an extent equal in amount to the amount of stock by him or her owned, together with any amount unpaid thereon; but no exeeutidn shall issue against any stockholder, except upon an order of the court in which the action, suit or other proceeding shall have been brought or instituted, made upon motion in open court, after reasonable notice in writing to the person or persons sought to be charged; and, upon such motion, such court may order execution to issue accordingly; or the plaintiff in the execution may proceed by action to charge the stockholders with the amount of his judgment.””

   1 later decision quote this exact passage
   e.g. Abernathy v. Loftus

3. ““If any corporation created under this or any general statute of this state, except railway or charitable or religious corporations, be dissolved, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the corporation in such suit.” (Gen. Stat. 1897, ch. 66, §49.)”

   1 later decision quote this exact passage
   e.g. Brigham v. Nathan