Kennedy v. Gibson’s Empirical Analysis

Citation profile

138 federal appellate · 26 district · 100 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 449 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The receiver is the instrument of the comptroller. * * * It is for the comptroller to decide when it is necessary to institute proceedings against the stockholders to enforce their personal liability, and whether the whole or a part, and if only a part, how much, shall be collected. These questions are referred to his judgment, and discretion, and his determination is conclusive. The stockholders cannot controvert it. It is not to be questioned in the litigation that may ensue. He may make it at such time as he may deem proper, and upon such data as shall be satisfactory to him.””

   21 later decisions quote this exact passage · from the majority
   e.g. Nead v. Wall · National Park Bank v. Peavey

2. “Farm Loan Act: “Such receiver, under the direction of the Federal Farm Loan Board, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to It, and, until the approval of the Federal Farm Loan Board, or upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like approval or order, may sell all the real and personal property of such association, on such terms as the Federal Farm Loa» Board or said court shall direct." Banking Act: “Such receiver, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct; and may, if necessary to pay the debts of such association, enforce the individual liability of the' stockholders”

   3 later decisions quote this exact passage
   e.g. Hayden v. Thompson · Altman v. McClintock

3. ““Tlie shareholders of every national banking association shall be hold Individually responsible, equally and ratably and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, In addition to the amount invested in such shares. * * *””

   3 later decisions quote this exact passage
   e.g. United States v. Knox · Casey v. Galli