118 Ind. App. 340 - Clausen v. Warner’s Empirical Analysis
1948
Citation profile
3 federal appellate · 26 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2006 · most notably Feltz v. Pavlik (1953), Shurrum v. Watts (1958)
3 federal appellate · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Moore v. Shields · Ogle v. Barker · Peoples State Bank v. Caterpillar Tractor Co. · Boos v. Lang · O'Connor v. Dunnigan
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"If they were joint owners he could not by withdrawing the money without her knowledge or consent divest her of her joint ownership. See O'Connor v. Dunnigan, 1913, 158 App.Div. 334 , 143 N.Y.S. 373 , affirmed in 213 N.Y. 676 , 107 N.E. 1082 . Joint tenants hold `by the half and by the whole.' They may dispose of their individual interests during their lives but if they fail to do so the entire goes to the survivor. 14 Am.Jur., §§ 6 to 14, pp. 79 to 87. But neither can dispose of the interest of the other. 14 Am.Jur., § 84, p. 148. In the instant case the decedent was without power to dispose of appellant's one-half interest in the funds on deposit. Since appellees received the money of appellant with full knowledge of all the facts and circumstances and knowing that decedent was without right to give it to them, it is elementary that they are liable for its return. [Citing cases.]"”
3 later decisions quote this exact passage“"* * * the intention of the owner of money in depositing it in a joint account is a question of fact where there is evidence as to the intention."”
2 later decisions quote this exact passage“Mr. and Mrs. Donald K. Warner and the survivor of them as joint tenants and not as tenants in common.”
2 later decisions quote this exact passagee.g. Feltz v. Pavlik · Wilt v. Brokaw
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.