Freund v. Freund’s Empirical Analysis
1905
Citation profile
6 federal appellate · 4 district · 97 state decisions
How this case has been cited
Cited by 118 later decisions — most recently October 2001 · most notably McDonald v. McDonald (1924), Indiana National Life Insurance v. McGinnis (1913)
6 federal appellate · 4 district · 97 state decisions — followed in 26 states
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 Martin v. Stubbings · Havens v. Germania Fire Insurance · Hellenberg v. District Number One of the Independent Order of Berith · Delaney v. Delaney · Thomas v. . Thomas
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 118 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Subject to the approval of the company, the insured may at any time during the continuance of this policy, provided the policy is not then assigned, change the beneficiary or beneficiaries .by written notice to the company at its home office, accompanied by this policy, such change to take effect on the indorsement of the same on the policy by the company.””
2 later decisions quote this exact passage · from the majority““In the present case, where the policy was issued by a New York company and must be governed by the laws of that state, the right of the assured to change the beneficiary is a qualified right; that is, subject to the consent of the company and to the endorsement upon the policy by the company at its home office. The tendency of the decisions in the state of New York, when carefully examined, is to sustain the rule, that a change of beneficiary cannot be accomplished, except by compliance with the provisions in the statute and in the contract for such change, and only by and with the consent of the company. ’ ’”
1 later decision quote this exact passage · from the majority““ * , * * Inasmuch, * * * as the provision of the New York statute thus quoted is by implication a part of the policy or contract, this policy is to be regarded as one which requires the consent of the company to the change, the same as though the provision of the statute was written into the policy itself. * * * The proof in this case shows clearly and without dispute, that the company never did give its consent to the change of the beneficiary * * * and that the company never did make the indorsement required by the contract upon the policy * * *. -Therefore the change did not take effect.”
1 later decision quote this exact passage · from the majority
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.