Hier v. Miller’s Empirical Analysis

Citation profile

1 federal appellate · 28 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . But he could not absorb the funds of the bank in the satisfaction of his private debts without an express and especial authorization. The office of cashier does not import such power. Whether or not such authority actually did exist the defendant was bound to inquire. . . . When the cashier made an entry in the defendant’s pass-book of the receipt of money by the bank, she knew the recital was false, for she had delivered to the bank nothing of value at all. She knew that something more must be done before she could rightfully demand the payment of her checks. She knew very well that the money was yet to be supplied, and that, unless funds actually were furnished, there was nothing which she could have any right to withdraw. No obligation rested upon the bank, or upon any of the officials as such, to deposit or to transfer funds to the credit of her account. She was required to do that herself or to see that it was done. If she depended upon her debtor to act for her, it was incumbent upon her to see that he did whatever was required. . . . She had no right to ask the bank to return to her money which she never deposited, and which it never in fact received from any source; and when it paid her checks without any money belonging to her in its possession to meet them, it was entitled to be reimbursed.””

   1 later decision quote this exact passage
   e.g. Columbia Bank v. Morgan

2. ““Those entries were made in payment of the cashier’s ■private debt, and, if of any effect at all,, amounted to •an appropriation of the money of the bank to the discharge of his personal obligations. The cashier had a right to dispose of the funds of the bank for purposes •contemplated by its charter. For this his office is a warrant of authority. But he could not absorb the funds of the bank in the satisfaction of his private ■debts without an express and especial authorization.” (p. 260.)”

   1 later decision quote this exact passage
   e.g. Cobe v. Coughlin Hardware Co.

3. ““It is as much beyond the power of the officers or directors of a corporation to pledge its property to secure the personal debt of its president as it is to use it in pledge for the payment of the obligation of a total stranger. In either case the stockholders are equally wronged.” (Cattle Co. v. Loan Co., 65 Kan. 359, 361 , 69 Pac. 332 .)”

   1 later decision quote this exact passage
   e.g. Greenwood County Bank v. O. B. Walker Telephone Co.