Gates v. Coquat’s Empirical Analysis

Citation profile

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

1. ““There are no set and rigid rules as to "constructive trusts. Pomeroy states that; “ ‘Equity has followed the true principle of contriving its remedies so that they shall correspond both to the primary rights of the injured party, and to the wrong’by which "that right has been violated. It has, therefore never placed any limits to the remedies which it can grant, either with respect to their substance, their- form, or their extent; but has always preserved the elements of flexibility and expansiveness, so that new, ones may b,e invented, or old ones modified, in order to meet the requirements-of every case, and to satisfy the needs of a progressive social condition, in' which new" primary rights and duties are constantly arising, and new kinds of wrongs are constantly committed.’ 1 Pomeroy, Equity Jurisprudence, 5th Ed., 143, § 111. “In Beatty v. Guggenheim Exploration Co., 225 N.Y. 380, 381 , 122 N.E. 378, 381 , Mr. Justice Cardoza said: “ ‘A court of equity in decreeing a constructive trust is bound by no unyielding formula. The equity of transaction must shape the measure of the relief.’”. ■”

   1 later decision quote this exact passage
   e.g. Fisher v. Kerlin