Gibbons v. Anderson’s Empirical Analysis

Citation profile

5 federal appellate · 1 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““What tho public suppose, and have the right to suppose, Is that those men have been selected by reason of their high character for integrity, their sound judgment, and tlieir capacity for condxxcting the affairs of the bank safely and securely. The public act on this presumption, and trust their property with the bank in the confidence that the directors will discharge a substantial duty. How long would any national bank have the confidence of depositors or other creditors if it were given out that these directors whose names soi often stand at the head of its business cards and advertisements, and who are always used as makeweights in its solicitations for business, would only select a cashier, and surrender the management to him? It is safe to say that such an institution would be shunned and could not endure. It is inconsistent with the purpose and policy of the Banking Act that its vital interests should be committed to one man, without oversight and control.””

   1 later decision quote this exact passage · from the majority
   e.g. McCormick v. King

2. “It is the right and duty of the board to maintain a supervision of the affairs of the bank; to have a general knowledge of the manner in which its business is conducted, and of the character of that business; and to have at least such a degree of intimacy with its affairs as to know to whom, and upon what security, its large lines of credit are given; and generally to know of, and give direction with regard to, the important and general affairs of the bank, of which the cashier executes the details. They are not expected to watch the routine of every day's business, or observe the particular state of the accounts, unless there is special reason....”

   1 later decision quote this exact passage · from the majority
   e.g. Larimore v. Conover

3. ““Without reviewing the vai-ious decisions on the subject, we hold that directors must exercise ordinary care and prudence in the administration of the affairs of the bank, and that this includes something moi*e than officiating as figure heads. They are entitled to commit much of the actual banking business to the cashier, president, and other officers, but * * « this does not absolve them from the duty of reasonable supervision, nor ought they be permitted to be shielded fx’om liability because of want of knowledge of wrongdoing, if that ignorance is the result of gross inattention.””

   1 later decision quote this exact passage · from the majority
   e.g. McCormick v. King