127 N.J. Eq. 90 - Markowitz v. Berg’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In such circumstances, appellant [creditor] is precluded by estoppel in pais from now asserting the validity of the mortgage taken in violation of the policy of the Home Owners’ Loan act. It is a corollary of the considerations of public policy adverted to that he was under a duty to advise the Home Owners ’ Loan Corporation of his disavowal of the agreement thus presumed to have been made on his behalf with the Corporation. He knew that, in the absence of sneh notice, the Corporation would consummate the loan on the supposition that the judgment debt would be in fact deemed satisfied in accordance with the agreement and that no part of the balance would continue as a lien against the lands in the form of a subsequent mortgage. His ignorance of his obligation does not serve to excuse him from the consequences of his inaction.””

   1 later decision quote this exact passage · from the majority
   e.g. Kraetsch v. Stull

2. “While the silence of a purported principal may not indicate his affirmance, his failure to manifest a repudiation may subject him to liability to one who, as he knows, is acting in the belief that there has been authorization or ratification.”

   1 later decision quote this exact passage · from the majority
   e.g. Cline v. Kurzweil