Young v. . Ingalsbe’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ He did not by any act or participation, in any act subsequent to it assent to or recognize or confirm it. Each act of the plaintiff was individual and independent. His possession of the books, if had at the time of the agreement, was not on the strength of or pursuant to it, but under another and prior arrangement; and, if acquired subsequent to the contract, was without a delivery and through his sole and exclusive act. Under either hypothesis the title of the deceased to the books did not pass to the plaintiff by virtue of a receipt and acceptance because he did no act by which he relinquished his dominion or recognized and confirmed that of the plaintiff over them. {Brand v. Focht, 1 Abb. Ct. App. Dec. 185 ; Marsh v. Rouse, 44 N. Y. 643 ; Stone v. Browning, 68 N. Y. 598 ; Rourke v. Bullens, 74 Mass. 549 .) “ Manifestly the contract was not made valid by the credit given the deceased by the plaintiff and for two reasons: It was not made at the time of the agreement; the deceased was not in any way an actor in regard to it.””

   1 later decision quote this exact passage
   e.g. Maher v. Randolph

2. “The design of the statute requires that neither party can create the evidence which shall prove the unwritten contract as against the other.”

   1 later decision quote this exact passage
   e.g. 348 F. Supp. 543 - Presti v. Wilson