Nelson v. Hubbard’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 52 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““And we do not think that such pledge [to secure debts already contracted], if made without fraud, and solely for the bona fide purpose of satisfactorily securing the payment of corporate debts, can properly be regarded as effecting a fictitious increase of indebtedness, or as not issued for money, labor done, or money or property actually received.””

   3 later decisions quote this exact passage
   e.g. William Firth Co. v. South Carolina Loan & Trust Co. · First Savings & Trust Co. v. Waukesha Canning Co.

2. ““Iteeurang to the language employed in the Arkansas constitution, we are of opinion that it does not necessarily indicate a purpose to make the validity of every issue of stock or bonds by a private corporation depend upon the inquiry whether the money, iiroporly. or labor actually received therefor was of equal value in the market with the stock or bonds so issued. It is not clear, from the words used, that the framers of that instrument intended to restrict private corporations—at least, when acting with the approval of their stockholders—in the exchange of their stock or bonds for money, property, or labor, upon such terms as they deem proper; provided, always, the transaction is a real one, based upon a present considera,lion, and having reference to legitimate corporate purposes, and is not a mere device to evade the law and accomplish that, which is forbidden. We cannot suppose that the scheme whereby the appellant acquired the property, rights, and privileges in question for a given amount of its stocks and bonds falls within the prohibition of the state constitution. The beneficial owners of such interests had the right to fix the terms upon which they would surrender those interests to- the corporation of which they were to be the sole stockholders.””

   1 later decision quote this exact passage
   e.g. Atlantic Trust Co. v. Woodbridge Canal & Irrigation Co.

3. ““to borrow money, and to mortgage, or otherwise convey or pledge its property, real or personal, and its franchises to secure the payment of the money go borrowed, or any other det>t contracted 5y it."”

   1 later decision quote this exact passage
   e.g. Kemmerer v. St. Louis Blast Furnace Co.