Auer v. Lombard’s Empirical Analysis
72 F. 209 · 1896
Citation profile
4 federal appellate · 3 district ·
How this case has been cited
Cited by 14 later decisions — most recently May 1940
4 federal appellate · 3 district ·
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 Huntington v. Attrill · Kennedy v. Gibson · Casey v. Galli · Flash v. Conn · Swan Land & Cattle Co. v. Frank
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.
““The earlier of these two statutes required an apportionment among stockholders. In many jurisdictions, if not in all, this would involve a bill in equity with an accounting of all the corporate liabilities and a contribution by the stockholders, and for this the further making the corporation, and perhaps all stockholders, parties. * * * The act of 1885 establishes a liability of an essentially different character from that of 1883, in the fact that it is not ratable, and also of an essentially different amount. The two cannot stand together with reference to the same corporation, and .debts of the same period of contracting; and we have no doubt that, so far as this controversy is concerned, the later act wholly supersedes the earlier one, and the complainant’s rights rest on it alona As the liability involves no accounting, the remedy is at law only. Kennedy v. Gibson, 8 Wall. 498 , 505 [ 19 L. Ed. 476 ]. Oasey v. Galli, 94 U. S. 673 [ 24 L. Ed. 168 ]. We do not say that there might not be a case under the statute which would involve an accounting, and the securing and distribution of a fund, but only that no such case is shown here.””
1 later decision quote this exact passage · from the majority““The officers and stockholders of every banking corporation or association formed under the provisions of this act shall be individually liable for all debts contracted during the term of their being officers or stockholders of such corporation, equally and ratably to the extent of their respective shares of stock in any such corporation or association, except” &c. Gen. St. 1883, § 279.”
1 later decision quote this exact passage · from the majority““Shareholders in banks, savings banks, trust, deposit, and security associations, shall be held individually responsible for debts, contracts and engagements of said associations in double the amount of the par value of the stock owned by them respectively.” Laws 1885, p. 264.”
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.