Hayward v. Edwards’s Empirical Analysis

Citation profile

4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No one can read the eases without concluding that the “reasonable time” rule as established by them presumed that the plaintiff had a knowledge of stock trading. A theory is constructed in those decisions to the effect that plaintiff would have done that which would have brought him the greatest return on his investment, if his possession of the securities had not been interfered with. For instance, in fixing that “reasonable time” the courts have said that the victim was entitled to time after discovery in which to decide upon what course to follow in adjusting his affairs. He might want to consult the market quotations; to advise with experts in trading; to raise the cash required for another purchase of stock or to repurchase the same securities that were converted. That analogy will not be questioned were the one whose property was taken had the capacity to decide things of that nature. But a ten year old boy knows nothing of stock trading, consulting, repurchasing or fund raising.”

   1 later decision quote this exact passage
   e.g. 759 F. Supp. 144 - Caballero v. Anselmo