Scammon v. Kimball’s Empirical Analysis

Citation profile

45 federal appellate · 17 district · 40 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 174 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Sums which are paid, said Lord Denman, to the credit «t a customer with a banker, though usually called deposits, are, in truth, loans by the customer to the banker; and the party who seeks to recover the balance of such an account must prove that the loan was in reality intended to be his, and that it was received as such. Sims v. Bond, 5 Barn. & Adol. 392. “Exactly the same rule was laid down in the court of exchequer, where it was held that money deposited with a banker by his customer, in the ordinary way, is. money lent to the banker, with a superadded obligation that it is to be paid when demanded by a check. Pott v. Clegg, 16 Mees. & W. 327.””

   1 later decision quote this exact passage · from the majority
   e.g. Brodrick v. Brown

2. ““Equity regards the capital stock and property of a corporation as held in trust for the payment of the debts of the corporation, and recognizes the right of creditors to pursue such properties into whosesoever possession the same may be transferred, unless the stock or property has passed to the hands of a bona fide purchaser; and the rule is well established that stockholders are not entitled to any share of the capital stock, nor to any dividend of the profits, until all the debts of the corporation are paid” — citing Scammon v. Kimball, 92 U. S. 362 , 367, 23 L. Ed. 483 .”

   1 later decision quote this exact passage · from the majority
   e.g. Farmers' Loan & Trust. Co. v. Central R. & Banking Co.

3. “All deposits made with 'bankers may be divided into two classes,' namely, those in which the bank is bailee of the depositor, the title to the thing deposited remaining with the latter; and that other kind of deposit of money peculiar to the banking business, in which the depositor, for his own convenience, parts with the title to his money and loans it to the banker; and the latter, in consideration of the loan of the money and the right to use it for his own profit, agrees to refund the same amount or any part thereof, on demand.”

   1 later decision quote this exact passage · from the majority
   e.g. Phœnix Bank v. Risley