Burke v. Smith’s Empirical Analysis

Citation profile

17 federal appellate · 3 district · 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The stock subscribed is the capital of the company, its means for performing its duty to the commonwealth, and to those who deal with it. Accordingly, it has been settled by very numerous decisions that the directors ot a company are incompetent to release an original subscriber to its capital stock, or to make any arrangement with him by which the company, its creditors, or the stale shall lose any of the benefit of his subscription. Every such arrangement is regarded in equity, not merely as ultra vires, but as a fraud upon tiie other stockholders, upon the public, and upon the creditors of the company.””

   1 later decision quote this exact passage · from the majority
   e.g. Hamor v. Taylor-Rice Engineering Co.

2. ““The purpose of such a requisition is that the state may be assured of the successful prosecution of the work, and that creditors of the company may have, to the extent at least of the required subscription, the means of obtaining satisfaction of their claims. The grant of the franchise is, therefore, made dependent upon securing a specified amount of capital.””

   1 later decision quote this exact passage · from the majority
   e.g. Bailes v. Colonial Press, Inc.