Myers v. Hurley Motor Co.’s Empirical Analysis

Citation profile

41 federal appellate · 18 district · 42 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 142 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' “It has been held that, where an infant, after coming of age, seeks the aid of a court of equity to avoid a contract, under which he has received property, and restore to him the possession of obligations with which he has parted, he will be required, wholly irrespective of his own good faith in the transaction, to do equity, which may extend to compelling him to make full satisfaction for the deterioration of the property due to his use or abuse of it. * * * “How far the equitable maxim, that he who seeks equity must do equity, applies generally in suits brought for relief because of infancy, we need not inquire; nor do we need here to go as far as the authorities just cited. The maxim applies, at least, where there has been, as there was here, actual fraud on the part of the infant. When an infant of mature appearance, by false and fraudulent representations as to his age, has induced another person to sell and deliver property to him, it is against natural justice to permit the infant to recover money paid for the property without first compelling him to account for the injury which his deceit has infiieted upon the other person.””

   4 later decisions quote this exact passage · from the majority
   e.g. Dick Murphy, Inc. v. Holcer · Mutual Life Ins. Co. of New York v. Schiavone

2. ““1. Is the plaintiff, by reason of the misrepresentations as to his correct age, es-topped from maintaining an action to recover the amount paid under the conditional sales contract upon the purchase price of the Hudson ear?” The court answered “No” to this question. “2. If the plaintiff is not -so estopped, may defendant, by way of affirmative defense against plaintiff’s claim, set off the amount paid for the repair of the damaged Hudson car, or so much thereof as wfill equal plaintiff’s claim?” The éourt answered “Yes” to this question.”

   1 later decision quote this exact passage · from the majority
   e.g. Dick Murphy, Inc. v. Holcer

3. “The defendant may rely upon any defense which shows that the plaintiff in equity and good conscience is not entitled to recover in whole or in part,”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Skinner & Eddy Corp.