Wetherell v. O'Brien’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the facts as thus stated the appellee is not entitled to be paid in full in preference to the other creditors, but must share with them in the assigned estate. There was, here, no case of bailment or special deposit. When the identical thing delivered is to be restored, though in- an altered form, the contract is one of bailment, but when the obligation is to return other things of the like kind and equal in value, it becomes a debt. (Lonergan v. Stewart, 55 Ill. 44 .) The parties did not contemplate, that the same identical money received by Roberts, or his bank, was to be kept for the appellee, and returned to her. Nor was the -money delivered to Roberts, or the bank, as a special deposit. The deposit was a general one. . . . “When money, which is delivered to a bank, even though it be for some specified purpose, as, for instance, investment in a mortgage security, has been mingled with the funds of the bank, as was done here, there is no reason why the depositor should be preferred above any other creditor.””

   1 later decision quote this exact passage · from the majority
   e.g. 265 Ill. App. 1 - Bates v. People ex rel. Nelson