green
Positive treatment
Quoted verbatim 1×
4.7 score
G Cite
cited 2× by 1 distinct case, last quoted 1983 ·
…n judging what requires uncommon ingenuity, the best standard is what common ingenuity has failed for long to contrive under the same incentive.
⚠ not in text
Treatment trajectory · 1946 → 2026 · click a year to view as-of
1946
1986
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Dickey-John Corporation, Cross-Appellant v. International Tapetronics Corporation and Field Electronics, Inc., Cross-Appellees
(2×)
n judging what requires uncommon ingenuity, the best standard is what common ingenuity has failed for long to contrive under the same incentive.
discussed
Cited "see"
Dulles v. Johnson
See Marshall v. Commissioner of Internal Revenue, 2 Cir., 1945, 147 F.2d 75 , certio-rari denied 1945, 325 U.S. 872 , 65 S.Ct. 1413 , 89 L.Ed. 1991 , rehearing denied 1945, 326 U.S. 804 , 66 S.Ct. 14 , 90 L.Ed. 490 ; Vanderbilt v. C.
discussed
Cited "see"
Dulles v. Johnson
See Marshall v. Commissioner of Internal Revenue, 2 Cir., 1945, 147 F.2d 75 , certiorari denied 1945, 325 U.S. 872 , 65 S.Ct. 1413 , 89 L.Ed. 1991 , rehearing denied 1945, 326 U.S. 804 , 66 S.Ct. 14 , 90 L.Ed. 490 ; Vanderbilt v. C.
cited
Cited "see"
In re Huyler's
See Dudley v. Mealey, 2 Cir., 1945, 147 F.2d 268, 273 , certiorari denied 325 U.S. 873 , 65 S.Ct. 1415 , 89 L.Ed. 1991 .
discussed
Cited "see, e.g."
In Re Gulf Air, Inc.
See, e.g., Dudley v. Mealey, 147 F.2d 268 (2nd Cir.1945), cert. denied, 325 U.S. 873 , 65 S.Ct. 1415 , 89 L.Ed. 1991 (1945), where Judge Learned Hand observed: “Let it [a hotel] once be shut down, and it will lose much of its value....
discussed
Cited "see, e.g."
Schoenholtz v. Doniger
Eisenberg, Cases and Materials on Corporations at 128 (5th ed. 1980); Value, supra at 96; see also Dudley v. Mealey, 147 F.2d 268, 270 (2d Cir.) (Hand, J.) (“The Supreme Court has several times said that the best test of the value of a going commercial enterprise is its earning capacity.”), cert. denied, 325 U.S. 873 , 65 S.Ct. 1415 , 89 L.Ed. 1991 (1945).
Retrieving the full opinion text from the archive…
Boston & Maine Railroad
v.
Cabana
v.
Cabana
No. 1256.
Supreme Court of the United States.
Jun 4, 1945.
Mr. Francis P. Garland for petitioner. Mr. Philip Nichols for respondent.
Cited by 2 opinions | Published
Citer courts: Seventh Circuit (2)
Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied.