Caldwell v. Kimbrough’s Empirical Analysis
1907
Citation profile
8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently May 1989
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.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under these conditions, can the administrator defeat the sale by setting up the fact that the mortgagees did not act at once and sell? An executor or administrator, in his capacity as such, and dealing with the matters about which he may lawfully exercise authority, is as much bound by the law of estoppel as if he were acting in his individual capacity. There may be cases when his acts as administrator create an estoppel on him as such, and the estoppel acts prejudicially to the interests he represents, where he may be made liable on his bond to the extent of the injury sustained by the estate; but he is bound by his acts of estoppel just as if he were acting in his individual capacity. Butler v. Gazzman, 81 Ala., 491 , 1 South., 16 ; McDonough v. Hanifan, 7 Ill., App., 50; Thomas v. Brooks, 6 Tex., 369 ; 18 Cyc., 211, citing many authorities. . . . The business about which the administrator was engaged was a business connected directly with his duties as administrator, and he was acting in or about those duties. By every principle of right, the doctrine of estoppel applies to an administrator under these circumstances, just as it would apply to an individual in his own affairs.””
1 later decision quote this exact passage · from the majority““After the failure to pay at maturity had occurred, and the option to declare maturity of the entire debt had been .exercised, the great weight of authority is that it was too late then to tender the amount due under the deed in trust up to the time of the default, and thereby defeat the right to mature the entire debt.””
1 later decision quote this exact passage · from the majority
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.