8 E.H. Smith 518 - Rogers v. . Pell’s Empirical Analysis
1898
Citation profile
3 federal appellate · 7 district · 19 state decisions
How this case has been cited
Cited by 29 later decisions — most recently November 1991 · most notably In re Guanacevi Tunnel Co. (1912), In re C. Moench & Sons Co. (1904)
3 federal appellate · 7 district · 19 state decisions
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
Relies on Kent v. . Quicksilver Mining Co. · Wilson v. Metropolitan Elevated Railway Co. · 3 E.H. Smith 71 - Albany County Savings Bank v. McCarty · Vanderpoel v. . Gorman · Warner v. . Jaffray
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The board of directors alone bas tbe power to determine whether a general assignment for the benefit of creditors shall be made, and, if so, to .direct the execution of it; but the president of a corporation, unless authority be conferred upon him by the board of directors, has no such power. He cannot, unless authorized by the board, dispose of all the property of the corporation, and thus put an end to its existence, and, if he attempts to do so, his act» as against stockholders and creditors are absolutely void.””
1 later decision quote this exact passage““As neither the statute or by-law regulating the subject was shown, the power of the corporation to make a general assignment resided in the directors. Vanderpoel v. Gorman, 140 N. Y. 563 [ 35 N. E. 932 , 24 L. R. A. 548 , 37 Am. St. Rep. 601 ]. Hence the president had no authority to execute the instrument in question unless it was conferred upon him, expressly or impliedly, by the resolution adopted by the board.””
1 later decision quote this exact passage““The position that, since the change in the statute, an oral acknowledgment without certification is sufficient, we regard as unsound, for the law knows no ‘acknowledgment,’ made before a magistrate or notary, unless it is certified. The word, as commonly used by the legislature, the courts and the bar, means both the act and the written evidence thereof made by the officer.””
1 later decision quote this exact passage
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.