Equitable Trust Co. v. Imbesi’s Empirical Analysis
1980
Citation profile
8 federal appellate · 10 district · 29 state decisions
How this case has been cited
Cited by 52 later decisions — most recently March 2021 · most notably General Motors Acceptance Corp. v. Daniels (1985), COLOMIRIS v. Woods (1999)
8 federal appellate · 10 district · 29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 4 Cal. 3d 11 - Tahoe National Bank v. Phillips · 61 Cal. 2d 311 - Coast Bank v. Minderhout · Markoff v. Kreiner · Union Trust Co. v. Biggs · LeBrun v. Prosise
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Nothing is to be gained by giving a shadowy effectiveness to informal arrangements which conform to no recognized pattern. The debtor’s covenant not to encumber property, like the contractor’s covenant not to assign moneys to become due under his contract, should be treated, as on the whole the case law has done, as a covenant “merely personal”—good enough to give rights against the covenantor for breach, to bring an acceleration clause into play, to constitute an “event of default” under a loan agreement, but not good enough to give rights, whether they be called legal or equitable, in property.’ ””
4 later decisions quote this exact passage · from the majority““An equitable hen is based on specific enforcement of a contract to assign property as security. The contract need not stipulate for the hen in express terms; it is enough if .that is the fair and reasonable implication of the terms employed. A mere promise to pay a debt or obhgation does not of itself, however, create a hen unless the intention to create it is apparent from the instrument and circumstances leading to it. Johnson v. Johnson, 40 Md. 189, 196 (1874). See 33 Am.Jur. Liens § 18 and 4 Pomeroy’s Equity Juris prudence §§ 1235-1237 (5th ed.1941); but also see 41 Harv. L.Rev. 404 (1928).””
3 later decisions quote this exact passage · from the majority“A loan is secured by a mortgage when: the property is conveyed or assigned by the mortgagor to the mortgagee, in form like that of an absolute legal conveyance, but subject to a proviso or condition by which the conveyance is to become void, or the estate is to be reconveyed, upon payment to the mortgagee of the principal sum secured, with interest, on a day certain; and upon nonperformance of this condition, the mortgagee’s conditional estate becomes absolute at law, and he may take possession thereof[.]”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.