14 E.H. Smith 308 - Howells v. . Hettrick’s Empirical Analysis

Citation profile

2 district · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We agree -with' the Appellate Division, that the decision of the trial court is. clearly against the weight of evidence, and its judgment was properly reversed (Heller v. Cohen, 154 N. Y. 309 [ 48 N. E. 527 ]; Foster v. Book-walter, 152 N. Y. 166 , 168 [ 46 N. E. 299 ]; Benedict v. Arnoux, 154 N. Y. 715 [ 49 N. E. 326 ]), but we are not -satisfied that plaintiff was entitled under this reversal upon the facts to judgment absolute, if it be assumed that defendant’s deed rests upon a valuable consideration. To justify an intermediate-court in rendering final judgment against the respondent upon the reversal of a judgment, it is not sufficient that it is improbable that the defeated party can succeed upoñ a new trial, but it must appear that he certainly cannot. New v. Village of New Rochelle, 158 N. Y. 41 [ 52 N. E. 647 ], and cases cited. The course of the trial below leads strongly to ■the conclusion that it is highly improbable the defendant, on a new trial, can succeed in showing he did not have actual notice of the plaintiff’s assignment, but it is exceedingly doubtful if the record shows that he certainly cannot.””

   1 later decision quote this exact passage
   e.g. Johnson v. Cadillac Motor Car Co.