Handler v. Horns’s Empirical Analysis
1949
Citation profile
6 district · 9 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 1997
6 district · 9 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 Kerr v. Kingsbury · Smyth Sales Corp. v. Norfolk Building & Loan Ass'n · Andrews v. Williams · 108 N.J. Eq. 567 - Bk. of America v. La Reine Hotel Corp. · Radey v. McCurdy
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is an ancient maxim, which in the language of antiquity is expressed quicquid plantalue solo, solo eedit, that whatsoever is fixed to the realty is thereby made a part of the realty to which it adheres, and partakes of all of its incidents and properties. 36 C.J.S. (Fixtures), § 1, p. 889; Bank of America Nat. Ass’n v. La Reine Hotel Corp., 108 N.J.Eq. 567, 571 [ 156 A. 28 ] (Ch.1931). But through the advancing years that old maxim has given way to numerous exceptions.”
2 later decisions quote this exact passage · from the majority“... the presumption being that the tenant’s motive in placing fixtures on the demised premises is for his own benefit, not to enhance his landlord’s realty, and this is so even though the lease is silent on the subject. Particularly is this true where the personalty is annexed or appropriated to the demised premises for the purpose of carrying on a trade or business for profit thereon. [Citations omitted] It is also considered sound public policy to allow the tenant the greatest latitude to remove fixtures to encourage trade and industry. [Citations omitted] These considerations have led the courts to place special emphasis upon the element of intention as to the ownership of fixtures where the claimants are landlord and tenant. [Citation omitted]. [Handler v. Horns, supra, 2 N.J. at 24 , 65 A.2d 523 ]”
1 later decision quote this exact passage · from the majority
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.