French v. Woodruff’s Empirical Analysis

Citation profile

1 district · 19 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““See. 155. Actions can only be commenced within the period herein prescribed. * * * “Sec. 159. Within three years: * * . An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument. 4. An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. “See. 165. Within two years: Actions for relief, not otherwise provided for. An action for relief not hereinbefore provided for shall be commenced within two years after the cause of action shall have accrued.” Rem. & Bal. Code.”

   1 later decision quote this exact passage · from the majority
   e.g. Buchler v. Black

2. ““There being, therefore, a trust which Woodruff accepted and agreed to perform, quite distinct from that in administering the estate, it is alleged in the complaint that while he was acting as such trustee he indirectly bought for his own benefit the trust property* and applied the same to his own use, and still so wrongfully holds it. Accepting as true these statements, and the further allegations that this was done without the consent of the beneficiaries, as upon this demurrer we must, it follows that a cause of action in favor of the cestuis que trustent is stated. * * * An action such as this is cognizable only by a court of equity.””

   1 later decision quote this exact passage · from the majority
   e.g. Currier v. Johnson

3. ““Where, as in the case at bar, the trust is an express trust, or it is a resulting and continuing trust created with the consent of the trustee and cestui que trust, the statute of limitations does not apply. In this class of trusts no right of action accrues unless the trust is repudiated in some way, and knowledge thereof brought home to the cestui que trust. Warren v. Adams, 19 Colo. 524 , [ 36 Pac. 604 ]; 13 Am. & Eng. Enc. of Law 685, et seq.; 2 Perry on Trusts 863, et seq. ’’”

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