Peavey v. Wells’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An executed gift cannot be recalled at the donor’s will. It may be rescinded for fraud. If Peavey had transferred the stock to the defendants in the form he did, without an agreement for payment, intending an unconditional gift, he could not have recalled it. He did not make a gift. He transferred title just as. he would have transferred had he intended a gift and made one. The difference is that instead of transferring for nothing he chose to exact something in return with the sufficiency of which he was satisfied. He may have been wise or he may have been unwise. We are not concerned to know. In the absence of fraud his act is final. “We follow the doctrine derived from Dean v. Nelson and other cases supra, and hold that the plaintiff cannot avoid the transfer of the stock for want of consideration alone.””

   1 later decision quote this exact passage
   e.g. Biersdorf v. Putnam