Equitable Life Assurance Society of the United States v. Brown’s Empirical Analysis

Citation profile

98 federal appellate · 11 district · 47 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 205 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tiie decisions of the highest court of New York are therefore binding upon this court as to the meaning and effect of the charter of the defendant, and as it is a New York company and the contract is a New York contract, executed and to be carried out therein, its meaning and construction, as held by the highest court of the state, will be of most persuasive influence, even if not of binding force.””

   2 later decisions quote this exact passage · from the majority
   e.g. Columbia Digger Co. v. Sparks · American Surety Co. of New York v. Bellingham Nat. Bank

2. “‘■By that contract be was entitled to participate in tlie distribution of some part of tbe surplus, according to principles and methods tbat might be adopted from time to time by tbe defendant for such distribution, which principles and methods were ratified and accepted by and for every person who should.have or claim any interest under tbe policy. It has been held tbat, under such a policy, bow much of tbe surplus shall be distributed to tbe policy holder and how much shall be held for the security of the defendant and its members is to be decided by the officers and management of the defendant, in the exercise of their discretion to distribute, having in mind the present and future business, and, in the absence of any allegations of wrongdoing or mistake by them, their determination must be treated as proper, and their apportionment of the surplus is to be regarded prima facie as equitable.””

   1 later decision quote this exact passage · from the majority
   e.g. Mutual Benefit Life Insurance v. Emig's Admrs.

3. ““If it be held that there is no trust, then it follows that the suit cannot be maintained in equity on the sole ground of fraud. Such a ground for the maintenance of the suit (even if complainant could otherwise maintain it) is a mere incident to the main ground set forth in the bill. Equity does not now take jurisdiction in eases of fraud where the relief properly obtainable on that ground can be obtained in a court of law, and where, so far as necessary, discovery may be obtained as well as in equity. Rev. Stat. § 724 [U. S. Comp. St. 1901, p. 583]; United States v. Bitter Root Co., 200 U. S. 451 [ 26 Sup. Ct. 318 , 50 L. Ed. 550 ], and cases cited.””

   1 later decision quote this exact passage · from the majority
   e.g. American Sign Co. v. Electro-Lens Sign Co.