Slack v. Tucker & Co.’s Empirical Analysis
90 U.S. 321 · 1874
Citation profile
9 federal appellate · 2 district · 8 state decisions
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently April 1941
9 federal appellate · 2 district · 8 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 Smith v. Adsit
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Did not keep the góods at their store, and though, as sales were made, the goods, by their direction, were put up at the mill, and directed to the purchasers, yet they wore sent to and received by the plaintiffs, who delivered them if the purchasers were in Boston, or shipped them if the purchasers resided elsewhere. The goods passed through their hands before the purchasers received them. They came into their possession as soon as it was necessary to enable them to fulfill their contracts of sale. In our opinion, therefore, the plaintiffs were commission merchants, and chargeable, as such, with the tax in question as ‘wholesale dealers.’ The difference between a factor or commission merchant and a broker is stated by all the books to be this: A factor may buy and sell in his own name, and he has the goods in his possession; while a broker, as such, cannot, ordinarily, buy or sell in his. own name, and has no possession of the goods sold. The plaintiffs made the sales themselves, in their own names, at their own store, and on commission, and had possession of the goods as soon as the sales were made, and delivered or shipped them to their customers. This course of business clearly constituted them commission merchants, as contradistinguished from mere brokers or agents.””
1 later decision quote this exact passage · from the majoritye.g. Quinn v. Dimond““One whose business it is, for himself or on commission, to sell any * * * merchandise, * whose annual sales exceed $20,000.””
1 later decision quote this exact passagee.g. Schweizer v. Mager
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.