Bank v. Lanier’s Empirical Analysis

Citation profile

21 federal appellate · 8 district · 56 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 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private 'sale; or, in default thereof, a receiver may be appointed to close up the business of the association, according to section 192 of this title."”

   2 later decisions quote this exact passage
   e.g. Union Bank & Trust v. Pay · Battey v. Eureka Bank

2. ““It is no less the interest of the shareholder than the public that the certificate representing his stock should be in a form to secure public confidence, for, without this, he could not negotiate it to any advantage. It is in obedience to this, requirement that stock certificates of all kinds have been constructed in a way to invite the confidence of business men, so that they have become the basis of commercial transactions in all the large cities of the country, and are sold in open market the same as other securities. Although neither in form or character negotiable paper, they ap proximate to it as nearly as practicable. If we assume that the certificates in question are not different from those in general use by corporations, and the assumption is a safe one, it is easy to see why investments of this character are sought after and relied upon. No better form can be adopted to secure the purchaser that he can buy with safety.””

   1 later decision quote this exact passage · from the majority
   e.g. Kimball v. Success Mining Co.

3. ““The power to transfer their stock is one of the most valuable franchises conferred by Congress on banking associations. Without this power, it can readily be seen the value of the stock would be greatly lessened, and, obviously,' whatever contributes to make the shares of the stock a safe mode of investment, and easily convertible, tends to enhance their value.””

   1 later decision quote this exact passage · from the majority
   e.g. Pottorff v. Dean