green
Positive treatment
10.3 score
Treatment trajectory · 1943 → 2026 · click a year to view as-of
1943
1984
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited "see"
ARCH & ENG, LLC d/b/a Z GRILL AND TAP v. GATOR FLOWER MOUND, LLC a/k/a FLORIDA GATOR FLOWER MOUND, LLC
See Wingate v. Hajdik, 795 S.W.2d 717, 719 (Tex. 1990) (“Ordinarily, the cause of action for injury to the property of a corporation, or the impairment or destruction of its business, is vested in the corporation, as distinguished from its stockholders, even though it may result indirectly in loss of earnings to the stockholders.” (quoting Massachusetts v. Davis, 168 S.W.2d 216, 221 (1942), cert. denied, 320 U.S. 210 (1943))); see also Sun Towers, Inc. v. Heckler, 725 F.2d 315, 331 (5th Cir. 1984) (“It is an elementary principle of corporate law that a corporation and its stockholders ar…
discussed
Cited "see"
Darrell Lake, Rian Maguire, RCC Medical 1 Genpar, LLC, and Realty Capital Corp. AND Richard Myers and Realty Capital Partners, LLC v. George F. Cravens, M.D., RCC Medical District Facilities, Ltd., and Center for Neurological Disorders Hospital, LP
See Wingate, 795 S.W.2d at 719 . “[I]njury to the property of a corporation, or the impairment or destruction of its business, is vested in the corporation, as distinguished from its stockholders, even though it may result indirectly in loss of earnings to the stockholders.” Id. (quoting Massachusetts v. Davis, 140 Tex. 398 , 406–07, 168 S.W.2d 216, 221 (1942), cert. denied, 320 U.S. 210 (1943)); see also Singh, 338 S.W.3d at 180–82 (holding sole shareholder had no standing to recover profits lost by Subchapter S corporation); Nauslar, 170 S.W.3d at 248, 251 (holding that “[t]he righ…
discussed
Cited "see"
Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen
See Massachusetts v. Davis, 140 stating that he would personally fund the payment for the Tex. 398, [**18] 168 S.W.2d 216, 224 (1942), cert. corrective work, these letters were apparently written for denied, 320 U.S. 210 , 87 L.
cited
Cited "see"
Cowboys Concert Hall-Arlington v. Bruce Jones
See Commonwealth of Mass. v. Davis, 168 S.W.2d 216, 225 (Tex. 1942), cert. denied, 320 U.S. 210 (1943); Wrenn v. G.A.T.X.
cited
Cited "see"
Larry York D/B/A York Tank Trucks v. State of Texas and Wise County, Texas
In re R.B ., 225 S.W.3d 798, 802 (Tex. App.—Fort Worth 2007, no pet.); see Mass . v. Davis , 140 Tex. 398 , 168 S.W.2d 216, 220 (1942), cert. denied , 320 U.S. 210 (1943); Kaye v. Harris County Mun.
discussed
Cited "see"
York v. State
(2×)
In re R.B., 225 S.W.3d 798, 802 (Tex.App.-Fort Worth 2007, no pet.); see Mass. v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 220 (1942), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943); Kaye v. Harris County Mun.
cited
Cited "see"
Larry York D/B/A York Tank Trucks v. State of Texas and Wise County, Texas
In re R.B., 225 S.W.3d 798, 802 (Tex. App.—Fort Worth 2007, no pet.); see Mass. v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 220 (1942), cert. denied, 320 U.S. 210 (1943); Kaye v. Harris County Mun.
cited
Cited "see"
in the Interest of R.B., J.B., S.B., T.B., A.B. and J.B., Children
See Massachusetts v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 220 (1942), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943).
discussed
Cited "see"
in the Interest of R.B., J.B., S.B., T.B., A.B. and J.B., Children
App. 1988). 15: See id. ; Barnett v. State , 201 S.W.3d 231, 232-33 (Tex. App.—Fort Worth 2006, no pet.) ; see also Lasher v. State , 202 S.W.3d 292, 298 (Tex. App.—Waco 2006, pet. ref’d) ; Webb v. State , 899 S.W.2d 814, 818 (Tex. App.—Waco 1995, pet. ref’d) (all holding that a defendant may challenge the constitutionality of a statute he is charged with violating for the first time on appeal). 16: See Pope v. Ferguson , 445 S.W.2d 950, 952 (Tex. 1969), cert. denied , 397 U.S. 997 (1970). 17: See Massachusetts v. Davis , 140 Tex. 398 , 168 S.W.2d 216, 220 (1942), cert. denied , 320 …
discussed
Cited "see"
Grain Dealers Mutual Insurance v. McKee
(2×)
See Massachusetts v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 222 (1942), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943).
cited
Cited "see"
Texas Coastal Bank, Pasadena, Texas and First Bank of Deer Park, Deer Park, Texas v. Finance Commission of the State of Texas
See Commonwealth v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 222-23 (1942), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943).
discussed
Cited "see"
Fidelity & Deposit Company Of Maryland v. Thomas R. Conner
See Commonwealth of Mass. v. Davis, 140 Tex. 398, 407-08 , 168 S.W.2d 216, 221-22 (1942) (Although the general rule is that "individual stockholders have no independent right of action for injuries suffered by the corporation[,].... exception has been applied more often in cases where there was a fiduciary relationship which required the wrongdoer to protect the interest of the stockholder ... and full relief to the stockholder could not be had through a recovery by the corporation."), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943).
discussed
Cited "see"
Fidelity & Deposit Co. of Maryland v. Conner
See Commonwealth of Mass. v. Davis, 140 Tex. 398, 407-08 , 168 S.W.2d 216, 221-22 (1942) (Although the general rule is that “individual stockholders have no independent right of action for injuries suffered by the corporation^].... exception has been applied more often in cases where there was a fiduciary relationship which required the wrongdoer to protect the interest of the stockholder ... and full relief to the stockholder could not be had through a recovery by the corporation.”), cer t. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943).
discussed
Cited "see"
Commercial Union Insurance Co. v. La Villa Independent School District
See Massachusetts v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 224 (1942), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943); Aztec Management, 709 S.W.2d at 239 . *109 Tocon commenced business sometime around March 15, 1978 and has received both a corporate charter and a certificate of good standing from the State of Texas.
discussed
Cited "see"
Cathey v. First City Bank of Aransas Pass
See Massachusetts v. Davis, 168 S.W.2d 216, 221 (Tex.1943), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943); Hajdick v. Wingate, 753 S.W.2d 199 (Tex.App.—Houston [1st Dist.] 1988) (not yet reported); First State Bank v. Bolinger, 431 S.W.2d 782, 784 (Tex.Civ.App.—Fort Worth 1968, writ ref’d n.r.e.); Cullum v. General Motors Acceptance Corp., 115 S.W.2d 1196, 1200 (Tex.Civ.App.—Amarillo 1938, no writ).
discussed
Cited "see"
Perrine v. Fredericks
(2×)
See Bates v. Miller, 133 F.2d 645, 648 (2d Cir.), cert. denied, 320 U.S. 210 , 63 S.Ct. 1446 , 87 L.Ed. 1848 (1943). 13 Assuming appellants' contention to be correct as a general proposition, no harm was done by the judge's decision to grant the motion for directed verdict in this case.
discussed
Cited "see"
Perrine v. Fredericks
(2×)
See Bates v. Miller, 133 F.2d 645, 648 (2d Cir.), cert. denied, 320 U.S. 210 , 63 S.Ct. 1446 , 87 L.Ed. 1848 (1943).
discussed
Cited "see"
Dailey v. Palmer
(2×)
See Bates v. Miller, 2 Cir., 133 F.2d 645, 647, 648 , certiorari denied 320 U.S. 210 , 63 S.Ct. 1446 , 87 L.Ed. 1848 .
discussed
Cited "see, e.g."
Clary Corp. v. Smith
See, e.g., Commonwealth of Mass. v. Davis, 140 Tex. 398 , 168 S.W.2d 216, 221 (1942) (shareholder could not sue for corporation’s injury), cert. denied, 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 (1943); Kenneth H.
cited
Cited "see, e.g."
Grimes v. Maynard
See also Commonwealth of Massachusetts v. Davis, 140 Tex. 398 , 168 S.W.2d 216 , certiorari denied 320 U.S. 210 , 63 S.Ct. 1447 , 87 L.Ed. 1848 ; 320 U.S. 811 , 64 S.Ct. 31 , 88 L.Ed. 490 .
Retrieving the full opinion text from the archive…
Estate of Rogers
v.
Helvering, Commissioner of Internal Revenue
v.
Helvering, Commissioner of Internal Revenue
No. 1036.
Supreme Court of the United States.
Jun 21, 1943.
Mr. John W. Drye, Jr. for petitioners. Solicitor General Fahy for respondent.
Application, Consideration, Took.
Published
Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted.
Mr. Justice Murphy took no part in the consideration or decision of this application.