Barrymore v. Kemp’s Empirical Analysis
69 F.2d 335 · 1934
Citation profile
4 federal appellate ·
Relationships
Relies on Cook v. Equitable Building & Loan Ass'n · Grohmann v. Brown · Appeal of Criswell · In re the Receivership of National Building Loan & Provident Ass'n · 71 N.J. Eq. 613 - Bettle v. Republic Savings & Loan Ass'n
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 by-laws made material distinctions between the rights and obligations of the holders of membership shares or certificates and the holders of investment certificates. Holders of membership shares or certificates are required to sign the by-laws and are members of the association with the obligations and rights of members of a corporation, and, at any time, upon 60 days’ notice, might withdraw their investments and accrued and unpaid limited dividends (also termed ‘interest’) upon the conditions named. On the other hand, holders of investment certificates are declared not to be members; have none of the rights, powers, or liabilities incident to • membership or the holding of stock in a corporation; have no right to participate in the affairs of the association by way of voting or otherwise, and the only profit they should derive is interest (also termed ‘dividends’) on their investment certificates, and may, after one year and upon 30 days’ notice require repáyment of the amounts represented by their investment certificates and accrued and unpaid interest, under the conditions named.””
1 later decision quote this exact passage · from the majority““The finding that appellants are investment certificate holders or depositors of the respondent association is supported by the evidence. As such they are creditors of the association and entitled to share pro rata only with other general creditors on a distribution of the assets of the association.””
1 later decision 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.