Putnam v. Morgan’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. ““In this case I cannot say that there was no evidence upon which he might have found that the complainant did not intend ever to sell her soap at ten cents a cake, but that it was a mere fetch for her to represent it as sold at that price with the razor thrown in at first, for an advertisement. If it be a question of law whether the postmaster had any evidence at all to go on, and if I must have a clear case of error upon that question of law, I cannot say that the continued sale of razor and soap together, the trifling cost of the soap, the profit on the transaction, as the postmaster has found it, and the other sales of soap at two cents, do not together make some evidence that the complainant never meant bona fide to sell her soap alone at the figure she put on it, when she gave away the razor ‘‘free.’ “Again, even if the article sent be in fact a ‘new safety razor outfit,’ I will not say that the most malign interpretation which can in reason be put on those words would not justify the expectation of much more than what the purchaser actually got. Personally, as I have said, I should not have held the complainant to so strict an interpretation of, her advertisement. I think the razor fairly answers the description; but', if a writ is to go, I must go further, and hold that no one- can reasonably conclude anything else, and I will not say that. “With the limited jurisdiction which I have, even under School of Magnetic Healing v. McAnnulty, supra, I do not think I can do an”

   1 later decision quote this exact passage · from the majority
   e.g. Farley v. Simmons