Winston v. Beeson.’s Empirical Analysis

Citation profile

2 district · 20 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “associated words explain and limit each other”

   2 later decisions quote this exact passage
   e.g. 259 N.C. App. 473 - Jeffries v. Cty. of Harnett · 262 N.C. App. 353 - State v. Nickens

2. ““From the definitions we have already given of a lottery or scheme for the disposition or distribution of prizes or property by chance, it appears that three things must concur in order to constitute it: (1) There must be the purchase of a right; (2) the right must be a contingent one, to receive something-greater than that which is purchased; and (3) the contingent right must depend upon a lot or chance. We have not been able to discover any one of these elements in the plan devised by the defendant company for the conduct of its business. The right to have the stamps redeemed depends upon no contingency, chance or lot whatsoever; the person receiving the stamps upon the purchase of goods is not in any degree deprived of his choice or will. Indeed, by the contract, he is given full and free exercise of his choice and will. The right of selection among the articles kept by the stamp company in its store is expressly given, and the stamp collector may choose the best or the most valuable or such a one as may be most useful to him or pleasing to his taste, as he may be minded. The articles are all publicly exhibited, and, before the purchases are made or the stamps collected, any person proposing to buy and to receive the stamps from the merchant has- free access to the store, where he may see and examine the goods from which his selection may be made. There is, therefore, no uncertainty as to the nature, character or value of the premium, if we may so'call it, with which the s”

   1 later decision quote this exact passage
   e.g. City of Denver v. Frueauff

3. “by which persons are induced to buy what they do not want in the hope or expectation or upon the hazard of getting something else as a gratuity which it might turn out they did want, but the exact character of which they do not at the time know.”

   1 later decision quote this exact passage
   e.g. Brevard Manufacturing Co. v. W. Benjamin & Sons