Bishop v. Shaughnessy’s Empirical Analysis

Citation profile

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

1. ““This Court is bound by the decisions within this circuit, and the oft-cited cases of Doehler [Furniture Co.] v. United States, 2 Cir., 149 F.2d 130 , and Arnstein v. Porter, 2 Cir., 154 F.2d 464 , are declaratory of the law. We are admonished in the Doehler case that a litigant has a right to a trial where there is the slightest doubt as to the facts. The ultimate fact here is whether or not gifts were made, and that fact depends upon a determination of the donor’s intention. In the Arnstein case we are further admonished that summary judgment is improper, and a trial indispensable where credibility is crucial. Here, the evidence of a gift is apparently • to be established by evidence of the plaintiff and the members of his family. Certainly credibility here is an important factor. We are further admonished in the Arnstein case that the right of cross-examination is not to be lightly foreclosed, especially as to matters peculiarly within — as in this case— the plaintiff’s knowledge. The two cases referred to above have been cited many times, and they have been followed by later decisions within this circuit. Colby v. Klune, 2 Cir., 178 F.2d 872 ; Fogelson v. American Woolen Co., 2 Cir., 170 F.2d 660 ; Boro Hall Corp. v. General Motors [Corp.], 2 Cir., 164 F.2d 770 ; Bozant v. Bank of New York, 2 Cir., 156 F.2d 787 . * * * ””

   1 later decision quote this exact passage
   e.g. Stanton v. United States