224 So. 2d 565 - Smith v. Simon’s Empirical Analysis

Citation profile

2 federal appellate · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) when the principal purpose of the contract directly furnishes aid and protection to an illegal enterprise, Smith v. Maryland Casualty Co., 252 Miss. 81 , 172 So.2d 574 (1965), involving fidelity bond covering employees who misappropriated illegal liquor; (2) when in order to enforce the contract a party must base his cause of action on his own illegal act, Capps v. Postal Telegraph-Cable Co., 197 Miss. 118 , 19 So.2d 491 (1944), involving failure to deliver a telegram concerning a gambling contract; (3) where the contract itself is unlawful, Powelson v. National Airlines, 220 Miss. 595 , 71 So.2d 467 (1954), involving a contract to purchase stock in violation of a federal statute, and Morrissey v. Bologna, 240 Miss. 284 , 123 So.2d 537 (1960), involving an indebtedness for illegal liquor.”

   2 later decisions quote this exact passage
   e.g. 949 So. 2d 732 - Covenant Health Rehab of Picayune v. Brown · 599 So. 2d 966 - Martin v. Estate of Martin

2. “There is no doubt that the courts have the duty and the power to declare void and unenforceable contracts made in violation of law or in contravention of the public policy of the state.”

   2 later decisions quote this exact passage
   e.g. Cooper Tire & Rubber Co. v. Farese · 949 So. 2d 732 - Covenant Health Rehab of Picayune v. Brown

3. “The function of the courts is to enforce contracts rather than enable parties to escape their obligation upon the pretext of public policy.”

   2 later decisions quote this exact passage
   e.g. Estate of Reaves v. Owen · 635 So. 2d 813 - Lanier v. State