Willcox v. Goess’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is difficult to find any distinction between a settlement which allowed Mrs. Dixon [plaintiff] a claim as a general creditor of the Bank (though in a sum less than that claimed) and a court judgment with partial satisfaction. She could have a claim as a depositor only on the theory that Harriman [bank’s officer] was not her agent in drawing the $75,-000. check which the Bank honored. Having maintained this position against the Bank so successfully as to obtain a substantial sum (conceded in the briefs to be 76 per cent dividends on the conceded claim of $45,000.), she now takes the wholly inconsistent position of asserting against the bankrupt that Harriman was her agent in withdrawing the $75,-000. from the Bank. [[Image here]] The two claims are mutually exclusive; either may exist but not both together. They are alternative substantive rights between which Mrs. Dixon might choose when she learned that Harriman had acted beyond his authority as her agent. If she elected to ratify his act, she would have a contract with Jama [bankrupt] but none with the Bank; conversely, if she elected to disaffirm his act, she would have a contract with the Bank but none with Jama. Often what is referred to as an election of remedies is in reality, as here, a choice between alternative substantive rights. [[Image here]] In our opinion, Mrs. Dixon’s suit against the Bank pursued to settlement was an election of remedies which precludes allowance of her proof of claim against the bankrupt”

   1 later decision quote this exact passage · from the majority
   e.g. Farmers State Bank of Wyatt v. Clark Equipment Co.

2. ““The purpose of section 16 is to prevent the officers of a corporation from mortgaging its assets without the knowledge and consent of two-thirds of the shareholders. This purpose is satisfied if the requisite number have actual knowledge and evidence their consent by the execution and acceptance of the mortgage document. It is not satisfied merely by proof that the president dominates the corporation and the other stockholders are accustomed to leave all corporate decisions to him. There is no evidence that the other stockholders ever had actual knowledge of the execution of the mortgage in suit. In the absence of compelling state decisions, we are unwilling to construe the statute as sanctioning a consent based only on general acquiescence in whatever the dominating officer may do. Accordingly the mortgage was properly held invalid under section 16. * * ””

   1 later decision quote this exact passage · from the majority
   e.g. 159 F. Supp. 237 - In re Knoll Realty Core

3. “* * * Having insisted upon her right against the Bank to the point of collecting a substantial sum, we think she irrevocably elected it and lost the alternative right against Jama.”

   1 later decision quote this exact passage · from the majority
   e.g. 208 So. 2d 784 - O'BRIANT v. Hull