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← 145 SW2D 275 - Cooper v. Cocke

Cooper v. Cocke’s Empirical Analysis

1940

Citation profile

9
cited by 9 later decisions
1
states following
October 1996
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently October 1996

9 state decisions

40194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Gause v. Cone · Houston Oil Co. of Texas v. Boykin · Goggin v. State Nat. Bank of El Paso · Carter v. Clark & Boice Lumber Co. · 27 Tex. Civ. App. 384 - Medley v. American Radiator 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. ““On the other hand, a mere agreement whether by parol or in writing, to pay a debt out of a designated fund of itself is not sufficient; there must be an appropriation of the fund pro tanto either by an order on the specific fund or by transferring the amount otherwise in such a manner that the holder of the fund is authorized to pay the amount directly to the creditor, without the further intervention of the debtor. In other words, an equitable assignment can be effected only by a surrender or control over the funds or property assigned. For instance, the mere promise of a debtor that he will pay a debt out of particular funds is not sufficient; there is lacking the specific appropriation of the fund pro tanto and surrender of control thereof.””
    2 later decisions quote this exact passage
  2. “if and when Mr. Vaughn ever got the money, he would come and pay it to me”
    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.