Pollard v. Bailey’s Empirical Analysis

Citation profile

60 federal appellate · 21 district · 60 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 278 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A general liability created by statute without a remedy may be enforced by an appropriate common-law action. But where the provision for the liability is coupled with a provision for a special remedy, that remedy, and that alone, must be employed.””

   17 later decisions quote this exact passage · from the majority
   e.g. Middlesex County Sewerage Authority v. National Sea Clammers Assn. · Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran

2. ““Each stockholder is bound for the debts in proportion to his stock, llis liability is not limited to (the par value of his stock, neither is he bound absolutely for the payment of the full amount of that. He must pay a sum which shall bear the same proportion to the whole indebtedness that his stock bears to the whole capital, and is not required to pay more. For the purposes of this case it is not necessary to decide what effect the insolvency of any of the stockholders would have upon the liability of such as are solvent.- It is certain that no stockholder is liable for more than his proportion of the debts. This proportion can only he ascertained upon an account of the debts and stock and a pro rata distribution of the indebtedness among the several stockholders. The proper action, therefor, to enforce the liability is one in which such an account can be stated and distribution made. Such an action calls specially for the exercise of the powers of a court of equity, which can bring before it all the necessary parties and adjust all their rights. Every stockholder, when called upon to perform his obligations, has the right to require that the extent thereof shall then he determined once for all, as well that which he is under to his associate stockholders as that to the creditors.””

   2 later decisions quote this exact passage · from the majority
   e.g. Fidelity Trust & Safe Deposit Co. v. Archer · Robertson v. Conway

3. ““The intention of the legislature, when properly ascertained, must govern in the construction of every statute. For such purpose, the whole statute must be examined. Single sentences and single provisions are not to be selected and construed by themselves, but the whole must be taken together.””

   1 later decision quote this exact passage · from the majority
   e.g. Welles v. Graves