Matthews v. Warner’s Empirical Analysis

Citation profile

1 district ·

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

1. “The only act which she is ever said to have done or performed in person, asserting a claim to these bonds, is a notice, to which her name is. appended, to the defendants, about a month after the exchange of the bond and mortgage for the railroad bonds, in which she says they are her bonds, and forbids them to sell them. A witness, the clerk of Matthews, says the signature, he thinks, was written by Mr. Matthews. And it is admitted that the letter was dictated by him and written in his office. The plaintiff, who, if she had any just claim to these.bonds, could best have explained how that claim- originated, who could have told what money or property she loaned her husband, or how he became, her debtor, is not sworn as a witness in the case. It looks very .much as if the box at the safe deposit vault, with a key in the possession of the son, who occupied the same office with.the father, and in the light of other evidence in the case, was a contrivance by which the husband could use the bonds as his own when he desired, and assert them to be the property of the wife when that was more desirable. "We are of opinion that plaintiff never had any real ownership, or actual control, or any lawful right, to the bonds in suit.”

   1 later decision quote this exact passage · from the majority
   e.g. Matthews v. Warner

2. “It seems to be clear that this assignment [of the bond and mortgage for $250,000] was made by the consent of Edward or by his directions. This was in May, 1875. Some time prior to March, 1877, Edward Matthews, who had become embarrassed, desired to take up this mortgage, and entered into negotiations for that purpose -with defendants, who agreed to an exchange of the bond and mortgage for the railroad bonds which are the subject of this suit. They accordingly sent Joseph B. Warner, their legal adviser, from Boston, where they resided, with the bond and mortgage, and the exchange was made by him as their agent, receiving the bonds in question at Mr. Matthews’ office in the city of New York. This exchange took place on the 6th day of March: 1877. It appears that the 150. Memphis and Little Kook Company bonds were on that day, and had been for some time previous in possession of Morton, Bliss & Co., bankers, as collateral security for the debt of Edward Matthews, who had placed them there.”

   1 later decision quote this exact passage · from the majority
   e.g. Matthews v. Warner