Kendall v. Bishop’s Empirical Analysis

Citation profile

3 federal appellate · 20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ By this grant of powers it is evident that the company, having put everything in his hands, could not possibly do anything to pay debts or redeem the mortgage, while the intermingling of new and old business would deprive execution creditors of any means of getting a sale of the residue belonging to the mortgagor, if in fact there should be, as the law and the instrument both assume there might be, one. In other words, Mr. Kendall not only took an interest by way of security for debts which by law any execution creditor would have a right to redeem, but he also took title to the surplus, with power to manage and dispose; and a trust was created for the company, which would not be subject to execution, as a mere equity in the proceeds, and not an ownership in the property. * * * The direct effect of this instrument, as made, is to put the entire assets, legal and equitable, into the hands of a trustee for sale and distribution.””

   2 later decisions quote this exact passage
   e.g. Pettibone v. Byrne · Belding-Hall Manufacturing Co. v. Smith

2. ““ There seems to be no reason why one honest creditor should be on a worse footing than another, and we do not find in our law any such distinction.””

   1 later decision quote this exact passage
   e.g. Bank of Montreal v. J. E. Potts Salt & Lumber Co.