Higgins v. McCrea’s Empirical Analysis

Citation profile

44 federal appellate · 4 district · 45 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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The principle of public policy is this, ‘Ex dolo malo non oritur actio.’ No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. If from the plaintiffs’ own stating, or otherwise, the cause of action appear to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.””

   3 later decisions quote this exact passage · from the majority
   e.g. Oregon Short Line R. v. American Smelting & Refining Co. · Bannon v. Hennessey

2. ““We do not see on what ground a party, who says in Ms pleading that the money which' he seeks to recover was paid out for the accomplishment of a purpose made an offense by the law, and who testifies and insists to the end of his suit that the contract on which he advanced his money was illegal, criminal, and void, can recover it back in a court whose duty it is to give effect to the law which the party admits he intended to violate.””

   2 later decisions quote this exact passage · from the majority
   e.g. White v. Barber · Oregon Short Line R. v. American Smelting & Refining Co.

3. ““ * * * ‘the objection that a contract is immoral or illegal, as .between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, that the objection is ever allowed, but it is founded on general, principles of policy, which the defendant has the advantage of, contrary to the real justice. as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. If, from the plaintiff’s own stating or otherwise, the cause, of action appear to arise ex turpi causa, or the transgression of a positive law of the country, there the court says he has no right to be assisted. It is upon that ground the court goes, not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So, if the defendant and the plaintiff were to change sides, and the defendant were to bring his action against the plaintiff, the latter would then have the advantage of it, for when both are equally 4 in fault potior est conditio defeñdentis.’ “If, therefore, the defendant intended to embark his money in an illegal and criminal venture, we do not see how his case is helped by the fact that the purpose of the plaintiffs was to invest the money so advanced in what they understood to be a lawful and innocent transaction.” (Emphasis " supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Danebo Lumber Co. v. Koutsky-Brennan-Vana Co.