Brinkerhoff v. Brown’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 55 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It thus appears 'from the hill that all the defendants were not jointly concerned in every injurious act charged. There was a series of acts on iho part of the persons concerned in the company, all produced by the same fraudulent' intent, and terminating in tlie deception and injury of the plaintiffs. The defendants performed different parts in the same drama, but it was still one piece, tlie entire performance, marked by different scenes; and the question now occurs whether the several matters charged are so distinct and unconnected as to render the joining of them in one bill a ground of demurrer. [Various authorities reviewed.] The principle is that a bill against several persons must relate to matters of the same nature, and having a connection with each other, and in which all the defendants are more or less concerned, though their rights in respect to the general subject of the case may be distinct.”

   1 later decision quote this exact passage
   e.g. Cutter v. Iowa Water Co.

2. ““When we consider that the plaintiffs are judgment creditors, having claims against the Genesee Company perfectly established, and not the subject of litigation in this suit, and that the general right claimed by the bill is a due application of the capital of that company to the payment of their judgment; that the subject of the bill and of the relief, and the only matter in litigation, is the fraud charged in the creation, management, and disposition of the capital, and in which charge all the defendants are implicated, though in different degrees and proportions, — I think we may safely conclude that this case falls within the reach of the principle, and that the demurrer cannot be sustained.””

   1 later decision quote this exact passage
   e.g. Sheldon v. Keokuk Northern Line Packet Co.

3. “• “ It thus appears from the bill that all the defendants were not jointly concerned in every injurious' act charged. There was a series of acts on the part of the persons concerned in the company, all produced by the same fraudulent intent, and terminating in the deception and injury of the plaintiffs. The defendants performed different parts in the same drama, hut it was still one piece, the entire performance, marked by different scenes; and the question now occurs whether the several matters charged are so distinct and unconnected as to render the joining of them in one hill a ground of demurrer.””

   1 later decision quote this exact passage
   e.g. Sheldon v. Keokuk Northern Line Packet Co.