In Re Simons’s Empirical Analysis

Citation profile

125 federal appellate · 28 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 240 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he order was wrong and deprived the plaintiff of her right to a trial by jury. It is an order that should be dealt with now, before the plaintiff is put to the difficulties and the Courts to the inconvenience”

   2 later decisions quote this exact passage · from the majority
   e.g. First National Bank v. Warren · Armster v. United States District Court

2. ““We do not find sufficient ground for the opinion of the judge in the New York decisions. No doubt alleged contracts to make a provision by will must be approached with great caution in the matter of proof; but there is no-doubt that, if proved, they are valid so far as no statute intervenes. So much seems to be assumed by the order of the judge, and is the law we believe of New York, as well as of other states and England. But, if valid, we see no reason why a contract to bequeath a certain sum should not give-rise to an action for damages, if broken, as certainly as a contract to pay the same sum in the contractor’s life, or at the moment of the contractor’s death. * * * But we have seen nothing that suggests an arbitrary departure by the courts of New York from the common law in cases like the present. See Farmers’ Loan & Trust Co. v. Mortimer, 219 N. Y. 290 , 295; De Cicco v. Schweizer, 221 N. Y. 431 ; Silvester’s Case, Popham, 148, 2 Roll. R. 104; Fenton v. Emblers, 3 Burr. 1279; Van Houten v. Van Houten, 89 N. J. Law, 301 ; Krell v. Codman, 154 Mass. 454 .””

   1 later decision quote this exact passage · from the majority
   e.g. Cromwell v. Simons