Holman v. Cross’s Empirical Analysis
75 F.2d 909 · 1935
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently December 1994
7 federal appellate ·
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
Applies 12 U.S.C. § 21 · 12 U.S.C. § 5 · 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act)
Relies on Briggs v. Spaulding · Corsicana Nat Bank of Corsicana v. Johnson · Petition of Public Nat Bank of New York · St. Louis & San Francisco Railroad v. Conarty · Lang v. New York Central Railroad
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We assume that if, in good faith and in the ordinary course of business, defendant had made a loan of $20,000 to [the obligors], and if while this loan remained unpaid he had afterwards and as a separate transaction unlawfully loaned them an additional $10,-000, in excess of the limit, the damage legally attributable to his violation of the limiting provision would have been but $10,000. But that is not this ease. According to the evidence, the $30,000, less discount, was paid out by the bank as a single payment; and, if the jury found it to have been loaned in excess of the statutory limit * * * it must be upon the ground that it was a single transaction. That being so it would follow that the entire amount disbursed by the bank was disbursed in violation of the law. The cause of action against a director knowingly participating in or assenting to such excessive loan would be complete at that moment, and entire; there would be no legal presumption that the borrowers would have accepted a loan within the limit, if their application for the excessive loan had been refused; nor that a director who in fact violated his duty as defined by law would, if mindful of it, have loaned them even $20,000. * * * Hence the entire excessive loan would have to be regarded as the basis for computing the damages of the bank.””
1 later decision quote this exact passage · from the majority“If the directors or officers of any member bank shall knowingly violate or permit any of the agents, officers, or directors of any member bank to violate any of the provisions of sections 375, 375a (Reserve Act § 22(g)), and 376 of this title or regulations of the board made under authority thereof, or any of the provisions of sections 217, 218, 219, 220, 655, 1005, 1014, 1906, or 1909 of title 18, Every director and officer participating in or assenting to such violation shall be held liable in his personal and individual capacity For all damages which the member bank, its shareholders, or any other persons shall have sustained In consequence of such violation.”
1 later decision quote this exact passage · from the majoritye.g. Adato v. Kagan
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.