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← 145 So. 2d 473 - Kovens v. Bluestone

145 So. 2d 473 - Kovens v. Bluestone’s Empirical Analysis

1962

Citation profile

9
cited by 9 later decisions
1
states following
April 1972
most recently cited

9 state decisions

Relationships

Relies on Jette v. Harbison · Springfield Co. v. Ely · Chisholm v. Coconut Grove Exchange Bank · Continental Can Co. v. Lee Co.

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. “"Separate property not subject to husband's debts. Section 1: — All property, real and personal, of a wife owned by her before marriage, or lawfully acquired afterward by gift, devise bequest, descent, or purchase, shall be her separate property, and the same shall not be liable for the debts of her husband without her consent given by some instrument in writing executed according to the law respecting conveyances by married women."”
    2 later decisions quote this exact passage
  2. ““Thus, in both Chisholm and Springfield Co., supra, the wife’s consent in writing to bind her personal property toward satisfaction of her husband’s indebtedness was manifest. It was clearly expressed and the specific personal property was identified either in or as a part of the instrument which she signed. “The endorsement in the instant case did not constitute an express consent as did the instrument executed by the married woman in Springfield Co. No personal property of the wife was pledged and identified by this ‘instrument in writing’ as it was in both Chisholm and Springfield Co. “In each of those two cases this Court ruled there was sufficient compliance with the provisions of Section 1, Article XI so as to subject to her husband’s debt the personal property identified in or as part of the instrument which she executed. In neither did this Court in its opinion indicate that the consent extended to her separate property other than that so identified in her written instrument. • “In this case, the married woman’s endorsement does constitute an ‘instrument in writing’ but such instrument in-no way constitutes her consent to bind. her separate property to the satisfaction of her husband’s indebtedness. None of her separate property was pledged as collateral for his note and described in the note, or in some instrument made a part thereof. Thus, the instant decision cannot be said to be in conflict with either Chisholm or Springfield Co.””
    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.