Carey v. Williams’s Empirical Analysis

Citation profile

7 federal appellate ·

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The books of corporations, for many purposes, are evidence, not only as between the corporation and its members, and between members, but also as between the corporation or its members and strangers. They are received in evidence generally to prove corporate acts of a corporation, such as its incorporation, its list of stockholders, its by-laws, the formal proceedings of its board of directors, and its financial, condition when its solvency comes in question. But we have not been able, after a careful examination of the authorities, * * * to find any case in which it has been decided that the books of-account of a corporation are competent evidence, of themselves, to-establish an account or claim against a trustee or stockholder in an action brought in behalf of the corporation; and it has been repeatedly said by judges and text writers that they are not competent for that purpose. In Whart. Ev. (3d Ed.) § 662, it is said that even in suits against its members its books cannot be used as ‘proving,’ in behalf of the corporation, self-serving entries. In Ang. & A. Corp. (11th Ed.) § 679, it is said, ‘Entries in the books of a corporation of private pecuniary transactions with a stockholder are not admissible against him, when it does not appear by whom the entries were made/ See, also, 2 Wat. Corp. 646.””

   1 later decision quote this exact passage · from the majority
   e.g. Hayden v. Williams

2. ““Where the name of an individual appears on the stockbook of a corporation as a stockholder, the prima facie presumption is that he is the owner of the stock, in a case where there is nothing to rebut that presumption; and, in an action against him as a stockholder, the burden of proving that he is not a stockholder, or of rebutting that presumption, is cast upon the defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. Foote v. Anderson

3. ““It is not enough that he appears to be a stockholder upon the books, and when this occurs without his sanction he incurs no liability as such.””

   1 later decision quote this exact passage · from the majority
   e.g. Sigua Iron Co. v. Greene