200 N.C. App. 57 - Albert v. Cowart’s Empirical Analysis
2009
Citation profile
4 state decisions
Relationships
Relies on Forbis v. Neal · Sharpe v. Worland · 187 N.C. App. 1 - Kinesis Advertising, Inc. v. Hill · Singleton v. Haywood Electric Membership Corp. · 47 N.C. App. 187 - Cook v. Export Leaf Tobacco 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[u]nder North Carolina General Statutes, section 53-146.1, “[a]ny two or more persons may establish a deposit account or accounts by written contract. The deposit account and any balance thereof shall be held for them as joint tenants, with or without right of survivorship, as the contract shall provide N.C. Gen. Stat. § 53-146.1 (a) (2007). “Parties who wish to create a right of survivorship applicable to joint bank accounts must comply with the requirements of G.S. § 41-2.1(a)[.]” In re Estate of Heffner, 99 N.C. App. 327, 328 , 392 S.E.2d 770, 771 (1990). Under General Statutes, section 41-2.1, a right of survivorship in banking deposits may be created by written agreement: (a) A deposit account may be established with a banking institution in the names of two or more persons, payable to either or the survivor or survivors . . . when both or all parties have signed a written agreement, either on the signature card or by separate instrument, expressly providing for the right of survivorship. N.C. Gen. Stat. § 41-2.1 (a) (2007).”
1 later decision quote this exact passage“given the prolonged procedural history of the case, the number of claims and counterclaims, and the same set of operative facts underlying the entire case, we agree with the trial court's determination that the claims that have been dismissed and those that remain are "factually and legally intertwined" such that proceeding to trial could result in verdicts inconsistent with the earlier dismissals.”
1 later decision quote this exact passage“the clear intent of both Doris King and Cowart’s individual CAA forms specifically authorizing, pursuant to N.C. Gen. Stat. § 53-146.1 , the incorporation of a right of survivorship to any joint account opened, as well as the subsequent agreement between Doris King and Cowart to enter into a joint checking account.”
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.