Merrill v. Gordon’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have always understood the law to be that persons under no legal disability, as a general rule, laave power to do as they wish with, their own. They may enter into contracts; they may give away their substance; they may spend it for mere baubles; they may exchange it for high and riotous living; it may go to satisfy vanity or pride or ambition; and the courts are helpless to say nay or to control their freedom of action in those respects. Courts are not instituted to control and supervise the private dealings of persons compos mentis who are upon an equal footing and labor under no restraint of person, property, or mind, such as fraud, duress, coercion or extortion. Freedom of contract and freedom in the use and disposition of one’s own are no less sacred than freedom of speech.”, Merrill v. Gordon, 15 Ariz. 521 , 140 Pac. 496 .”

   1 later decision quote this exact passage
   e.g. Barth v. A. & B. Schuster Co.

2. ““Except where otherwise provided by statute a party cannot by direct action or by way of setoff or counterclaim recover money voluntarily paid with a full knowledge of all the facts, and without any fraud, duress or extortion, although no obligation to make such payment existed.””

   1 later decision quote this exact passage
   e.g. Ali v. Sitts

3. ““Whether a payment was made voluntarily or not is a question of law, where the facts are undisputed.””

   1 later decision quote this exact passage
   e.g. Ali v. Sitts