Bacon v. United States’s Empirical Analysis

Citation profile

18 federal appellate · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be observed Hint section 5200, in defining- the offense of making a false report, contains no such limitation as that sought to ho imposed. The language of the law is general that ‘every president, director, cashier, teller, clerk or agent of any association s * * who makes any false entry in any book, report or statement of the association, with intent,’ etc., ‘shall lie deemed guilty of a misdemeanor, * - * ’ which language may as well include a false report voluntarily made by a bank official to the Comptroller of the Currency to influence his action, and accomplish some fraudulent purpose, as a false report made in pursuance of a call or request from that officer. "We perceive no reason why a false report; or statement made voluntarily to the Comptroller of the Currency in relation to the condition of a national bank for the purpose of inducing some action on the Comptroller’s pari, or of forestalling certain action which he contemplates taking, should not he deemed an offense, as well as the making of a false report pursuant . to a call or request from that officer, provided the act is done with the intent specified in the statute. The law was designed, we think, to prevent hank officials and employes from making any false entry in the books of the bank, and from making any false representations concerning its financial condition and resources in any report or statement which they may see tit to make in behalf of the hank to the Comptroller of the Currency, or t”

   1 later decision quote this exact passage · from the majority
   e.g. Harper v. United States

2. ““The books of the bank, when they were offered in evidence by the government, were further objected to by the defendant below on the ground that no testimony had been adduced to show that they had been properly kept. This objection was overruled, and error is assigned on account of that ruling. The government did prove, however, that the books in question were the books of the American National Bank, in which it had been accustomed to keep a record of its daily business transactions, and that the books had been kept according to what is known as the ‘Boston System’ of bookkeeping, by which system original entries are made on slips called ‘debit’ and ‘credit’ slips. The defendant, against whom the books were offered, was the chief executive officer of the bank, and as such actually had control and direction of its affairs while it was a going concern. Besides, the act of Congress under which the bank was organized in effect enjoined that its books should be truthfully kept, since section 5209 of the Revised Statutes, heretofore cited, made it an offense, punishable by imprisonment, for any officer or agent of the bank to make any false entry in its books. In view of these considerations, we are of opinion that a presumption existed that the books in question, had been truthfully or properly kept, and that it was unnecessary to fortify' that presumption with additional proof, when the books were produced, and proved to be the regular books of account of the bank. We have no fau”

   1 later decision quote this exact passage · from the majority
   e.g. Phillips v. United States