Waite v. Andreassi’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to effect a novation there must be a clear and definite intention on the part of all concerned that such is the purpose of the agreement, for it is a well-settled principle that novation is never to be presumed ...; the point in every case, then, is, did the parties intend by their arrangement to extinguish the old debt or obligation and rely entirely on the new, or did they intend to keep the old alive and merely accept the new as further security, and this question of intention must be decided from all of the circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. Tvedt v. Farmers Insurance Group of Companies

2. “a new obligation between the same parties with intent to extinguish the old obligation.”

   1 later decision quote this exact passage · from the majority
   e.g. Tvedt v. Farmers Insurance Group of Companies