Furst v. . Merritt’s Empirical Analysis
1925
Citation profile
1 federal appellate · 31 state decisions
How this case has been cited
Cited by 34 later decisions — most recently January 2013 · most notably Terry v. Terry (1981), Vail v. Vail (1951)
1 federal appellate · 31 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 White Sewing MacHine Co. v. Bullock · May v. . Loomis · Whitehurst v. . Insurance Co. · Phillips Walsh v. . Rufus D. Hall · Clements v. Life Insurance Co.
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.
“Fraud in the factum " concerns the making or the execution of the instrument. The following from Furst v. Merritt , 190 N.C. 397 , 401 , 130 S.E. 40 , is apposite to the facts of this case: "As a general rule, it may be said that fraud in the factum arises from a want of identity or disparity between the instrument executed and the one intended to be executed, or from circumstances which go to the question as to whether the instrument, in fact, ever had any legal existence, as, for example, where a grantor intends to execute a certain deed, and another is surreptitiously substituted in the place of it ( Nicholls v. Holmes , 46 N.C. 360 ), or where a blind or illiterate person executes a deed when it has been read falsely to him on his request to have it read (2 Blk. Com., 304; Manser's Case, 2 Coke's Rep., 3), or where some trick, artifice or imposition, other than false representation as to the meaning and content of the instrument itself, is practiced on the maker in effecting the execution of the instrument.”
1 later decision quote this exact passage
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.