Markham v. Katzenstein’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““From such a transaction as this, can it be said that a trust arises in any form? We think not. . . . the party claiming the benefit of the trust must bear such a relation to the property out of which the trust is supposed to arise, that, taking into consideration the relations of the parties ... to the property itself and the agreement of the party ... , to permit the latter to deny the trust . . . would be more than a mere moral wrong, but would amount to a legal fraud.””

   1 later decision quote this exact passage · from the majority
   e.g. 130 Ind. App. 108 - Schwab v. Schwab

2. ““. . . there must be something more than a mere verbal promise, however unequivocal; otherwise, the statute of frauds would be virtually abrogated. There must be an element of positive fraud accompanying the promise, and by means of which the acquisition of the legal title is wrongfully consummated.” (Our emphasis.)”

   1 later decision quote this exact passage · from the majority
   e.g. 130 Ind. App. 108 - Schwab v. Schwab