Walsh v. Bailey’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 9 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We hereby declare that we are joint owners of the money deposited in * * * which we have this day opened in our names in Delaware Trust Company, and in consideration of said mutual deposit we do further declare that said funds, together with any additional deposits be, and our joint property to be held for us as joint tenants with the right of survivorship. Each of us shall have full power, either before or after the death of the other, to make withdrawals from said joint account and upon the death of either, the balance then remaining in said joint account shall be the absolute property of the survivor and the Delaware Trust Company is hereby authorized and directed to deal with the survivor as sole and absolute owner thereof. “We hereby jointly and severally for ourselves, our and each of our heirs, executors, administrators and assigns, agree to indemnify and save harmless Delaware Trust Company from any and all liability, loss or damage by reason of the payment to the survivor of the balance remaining in said account at time of the death of either of us.””

   1 later decision quote this exact passage
   e.g. Messersmith v. Delaware Trust Co.

2. “"A court of Equity may, of course, grant appropriate relief when mutual mistake is properly proven, but to prove it the evidence must be clear and convincing; mere preponderance does not suffice."”

   1 later decision quote this exact passage
   e.g. In THE MATTER OF McCALL