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← 96 N.Y. 467 - Rochester Savings Bank v. . Averell

Rochester Savings Bank v. . Averell’s Empirical Analysis

1884

Citation profile

41
cited by 41 later decisions
5
states following
October 1964
most recently cited

6 federal appellate · 5 district · 26 state decisions

How this case has been cited

Cited by 41 later decisions — most recently October 1964 · most notably Pennsylvania Railroad v. St. Louis, Alton & Terre Haute Railroad (1886), Martin v. Niagara Falls Paper Manufacturing Co. (1890)

6 federal appellate · 5 district · 26 state decisions

110188418901900191019201930194019501960decided

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 Curtis and Others v. . Leavitt · Vail v. . Hamilton · Greenpoint Sugar Co. v. . Whitin · Carpenter v. . Black Hawk Gold Mining Co. · Suydam, Reed & Co. v. Clark

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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In-addition to the powers conferred by the general corporation law, every stock corporation shall have power to borrow money or contract debts, when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; and may issue and dispose of its obligations for any amount so borrowed, and may mortgage its property and franchises to secure the payment of such obligations, or of any debt contracted for the purposes herein specified; and the a'mount of the obligations issued and outstanding at any one time secured by such mortgages, excepting mortgages given as a consid-1 eration for the purchase of real estate, and mortgages authorized by contracts made prior to the time when this act shall take effect, shall not exceed the amount of its paid-up capital stock, or an amount equal to two-thirds of the value of its corporate property at the time of issuing the obligations secured by such mortgages, in case such two-thirds value shall be more than the amount of such paid-up capital stock. No such mortgages excepting purchase money mortgages shall be issued without the written consent, duly acknowledged, of the stockholders owning at least two-thirds of the stock of the corporation, and such consent shall be filed and recorded in the office of the clerk or register of the county where it has its principal place of business.””
    1 later decision quote this exact passage
  2. ““No assent oí the stockholders having- been obtained, it was invalid, and created no present lien upon the property.””
    1 later decision quote this exact passage
  3. ““The consent of stockholders is the important and essential thing. The filing is formal and subsidiary.””
    1 later decision quote this exact passage

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.