McIntyre v. Smith’s Empirical Analysis
1928
Citation profile
2 federal appellate · 30 state decisions
How this case has been cited
Cited by 34 later decisions — most recently October 1999 · most notably Evans v. Ockershausen (1938), Grimes v. Grimes (1944)
2 federal appellate · 30 state decisions
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 Lamm v. Burrell · Safe Deposit & Trust Co. v. Coyle · Friedman v. Fraser · Scarborough v. Scotten · Hagthorp v. Hook's Adm'rs D. B. N.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o establish an express trust it is essential that the legal title be transferred to the trustee, for, ... the mere delivery of personal property by the owner to another to hold for him without any intention on the part of the owner to divest himself of the legal title thereto cannot possibly create a trust, but is a mere bailment; for manifestly the same person cannot at the same time possess as trustee the entire legal title, and as cestui que trust the entire equitable title.”
1 later decision quote this exact passage · from the majoritye.g. In Re Shank
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.