King v. Merryman’s Empirical Analysis

Citation profile

46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the absence of a statutory provision establishing the rights of the depositors between themselves, it is generally held that questions presented as to the ownership of the fund must be determined in the light of common law principles under the circumstances attending the deposit. In that determination, the intention of the depositor is a primary and controlling factor. [Citing authorities. 196 Va. at p. 851 .] jt. jt. jj, ji. w Tt* w TP TP “ ‘Where the deposit by a person is in the name of himself and another, not his wife, the presumption is that it was done for the purposes of convenience only, and this presumption is strengthened by the illness or infirmity of the depositor.’ [ 196 Va. at p. 856 .] “It seems to be well settled that a bank account may be so fixed that two persons shall be joint owners thereof during their lives, and the survivor take on the death of the other. This may depend upon the terms of the deposit, that is the contract made with the bank, or upon the intention of the depositors as disclosed by their declarations, oral or written. [ 196 Va. at p. 858 .] *«U. Jf. .Jt. «SJ, IP W if T “* * * In the absence of such statutory presumptions, we adhere to the rule that when a person deposits his money in bank to the credit of himself and another, payable to the order of either, or the survivor of them, the rights and interests of the depositors as between themselves are dependent upon the question whether the owner of the money intended to make a gift to”

   1 later decision quote this exact passage · from the majority
   e.g. Stevens v. Sparks

2. ““The deposit on May 24, 1949, in accordance with instructions of the deceased, was made in statutory form. It expressly authorized the bank to credit the funds to the joint account of himself and daughter, and that it be made ‘subject to the check of either of us or the survivor.’ That is all the deceased requested of the bank. His written instruction merely directed that either of the depositors or the survivor should be allowed to withdraw funds in the account. It does not contain language from which a presumption of an intention to create a joint tenancy, with the inci dent right of survivorship, might flow. It does not contain any language showing that it was his intention or understanding that his daughter should take title to the fund or any portion thereof at his death.” 196 Va. 844, 849, 850 , 86 S. E. 2d 141, 144 .”

   1 later decision quote this exact passage · from the majority
   e.g. Colley v. Cox

3. ““It establishes no presumption as to the ownership of the money as between two persons named in a joint savings account, with or without an extended right of survivorship. It is manifestly for the protection of the bank and not declaratory of the rights of the depositors in the fund as between themselves. Each depositor is merely given the right to receive payment out of the funds from the bank during his lifetime, and the survivor the right after the death of the other person. The bank is discharged from liability for any payment so made.” 196 Va. 844, 850, 851 , 86 S. E. 2d 141, 144 .”

   1 later decision quote this exact passage · from the majority
   e.g. Colley v. Cox