In re Wilder’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that the opinion in the DeBrauwere case in referring to this right of recovery used the words ‘suit in equity’ and ‘liable in equity’ and that this language has been subsequently quoted and referred to in the Laumeier and Reich cases, supra. [Laumeier v. Laumeier, 237 N.Y. 357 , 14 N.E. 219 ; Matter of Reich’s Estate, 138 Misc. 823 , 247 N.Y.S. 437 .] I do not apprehend, however, that the court intended to determine that the action is one within equitable jurisdiction so as to render the ten-year statute of limitations applicable. The opinion referred to Kenyon v. Farris, 47 Conn. 510 , 36 Am.Rep. 86 , as being the leading case on the subject. But that case was a bill in equity by a third person for moneys advanced to a wife and by her expended in the purchase for herself of such necessaries as her husband was legally bound to furnish. The court indicated that such an action would not lie at law but must be maintained in equity, resort being had to the purely equitable doctrine of subrogation. No such consideration exists here, petitioner’s right of recovery being based on an implied promise, a quasi-contract. See Woodward on Quasi-Contracts, §§ 194, 203. “It follows that her claim is legal rather than equitable and that the ordinary six-year statute of limitations in force at the time the proceeding was commenced applies. Bohun v. Kinasz, 124 Conn. 543 , 200 A. 1015 .””

   1 later decision quote this exact passage
   e.g. Attebery v. Attebery