Nicholson v. Evans’s Empirical Analysis
1982
Citation profile
3 district · 10 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2017
3 district · 10 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 Mosser v. Darrow · Guth v. Loft, Inc. · Durfee v. Durfee & Canning, Inc. · Irving Trust Co. v. Deutsch · 74 Ill. App. 2d 284 - Paulman v. Kritzer
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“are obligated to use their ingenuity, influence, and energy, and to employ all the resources of the corporation, to preserve and enhance the property and earning power of the corporation, even if the interests of the corporation are in conflict with their own personal interests. This duty extends to all of the corporation’s assets ....”
3 later decisions quote this exact passage“The rale thus contended for, so far as we have been able to find, applies only in case the corporation is actually insolvent to such a degree that it cannot carry on business or the corporation is legally disqualified from embracing the opportunity. Financial inability, unless it amounts to insolvency to the point where the corporation is practically or actually defunct, is insufficient to warrant application of the rale. We do not find, from our search, any authority for applying the rale to technical insolvency such as inability to pay current bills when due or where mere inability to secure credit prevails as appears in this case.”
2 later decisions quote this exact passage“looking to the impairment of corporate rights, the sacrifice of corporate interests, the retardation of the objects of the corporation, and more especially the destruction of the corporation itself”
2 later decisions 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.