Miles v. Miles’s Empirical Analysis
1924
Citation profile
41 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 1990 · most notably 58 Cal. 2d 487 - Russell v. Williams (1962), Smith v. Rogers (1927)
41 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 Lehman v. Lewis · Ortman v. Ortman · Clisby v. Clisby · Fuller v. American Supply Co. · Manning v. Pippen
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where one joint owner insures his interest in the property separately, he is, of course, entitled in case of loss, to recover and retain the insurance. If he insures for the benefit and at the expense of all, each is entitled to a share of the proceeds. So, if the one takes out insurance on the whole, and calls on the co-tenants to contribute to payment of the premiums, or pays them from rents of the common property, they should share therein in case of loss. These principles are clear enough. 26 C.J. 435; Lebanon Nat. Bank v. Bond, 89 Tenn. 462 , 14 S.W. 1078 ; Continental Ins. Co. v. Maxwell, 9 Kan.App. 268 , 60 Pac, 539 ; Freeman on Cotenancy and Partition (2d Ed.) § 264. “But if the insurance is taken by one only on the property as sole owner for its full insurable value, who pays the premiums thereon, the other joint owner being no party to the transaction in any way, whether the insurance, in case of loss, inures to both, is not free from difficulty. Manifestly, the insurer in such case would have the right to avoid the policy or limit payment to the insurable value of the interest of the insured, in a proper case; but whether the other joint owner has an interest in law or equity in the insurance money so collected may properly turn on the equities of the particular case. (Emphasis added.)”
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.