Hawthorne v. Hawthorne’s Empirical Analysis
1963
Citation profile
23 state decisions
How this case has been cited
Cited by 36 later decisions — most recently October 2018 · most notably 130 N.J. Super. 350 - Howell v. Ohio Casualty Ins. Co. (1974), Steigler v. Insurance Co. of North America (1978)
23 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 In Re the Transfer Tax Upon the Estate of McKelway · In Re the Final Accounting of Executors of Albrecht · In Re the Estate of Blumenthal · In Re the Estate of Suter · Cooper v. Cooper
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the insurance proceeds are the logical substitute of anything they are the fruit of the insurance contract and the premiums paid under it. In sum, while the loss was involuntary, the draft is not a substitute forced on the parties equally involuntarily; it is the product of their voluntary contractual act and is held by them in the same way as any personal property voluntarily acquired.”
3 later decisions quote this exact passage““ ‘The unity of person of husband and wife [expressed through the tenancy by the entirety] gives no clue to the relationship that ought properly to obtain between the owners of the proceeds of insurance . . . . ’ Hawthorne v. Hawthorne, supra, [ 13 N.Y.2d 82 ] 242 N.Y.S.2d at 51 , 192 N.E.2d [20] at 21.” 274 S.E.2d at 173 .”
1 later decision quote this exact passage““Putting aside the change in the use of realty, it is incontrovertible that a decision that ties up money, allowing only division of interest, is a serious impediment to its enjoyment.” (242 N. Y. S. 2d, at p. 53, 192 N. E. 2d, at p. 22 ).”
1 later decision quote this exact passage
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.