Hamer v. . Sidway’s Empirical Analysis

Citation profile

21 federal appellate · 5 district · 105 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 179 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant contends that the contract was without consideration to support it, and therefore invalid. He asserts that the promisee, by refraining from the use of liquor and tobacco was not harmed, but benefitted; that that which he did was best for him to do, independently of his uncle’s promise, — and insists that it follows that, unless the promisor was benefitted, the contract was without consideration---- Such a rule would not be tolerated and is without foundation in the law____ Courts will not ask whether the thing which forms the consideration does in fact benefit the promisee or a third party, or is of any substantial benefit to anyone. It is enough that something is promised, done, forborne or suffered by the party to whom the promise is made as consideration for the promise made to him.”

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

2. ““It does not appear on the face of the complaint that the agreement is one prohibited by the statute of frauds, and therefore such defense could not be made available unless set up in the answer."”

   1 later decision quote this exact passage · from the majority
   e.g. Honsinger v. Mulford