Bendler v. Bendler’s Empirical Analysis
1949
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently May 2011 · most notably Merenoff v. Merenoff (1978), Pennsylvania Greyhound Lines, Inc. v. Rosenthal (1954)
48 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 New York Central Railroad Company v. Sarah White · Funk v. United States · Mountain Timber Company v. State of Washington · Ward & Gow v. Krinsky · Mulhearn v. Federal Shipbuilding and Dry Dock Co.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But a contract of hire between spouses is utterly void and unenforceable at law. The acts empowering a married woman to bind herself by contract as if a femme sole, and to sue and be sued in her own name, apart from her husband, have not so far severed the unity of person and interest of husband and wife in the law as that their contracts inter se are enforceable at law and are no longer the subject of jurisdiction in courts of equity alone. The disablement of husband and wife to contract with and to sue each other continues ‘except as heretofore, and except as authorized’ by the provisions of the chapter relating to married persons embodied in the Revision of 1937. P. L. 1852, p. 407; Revision of 1874, p. 468, sections 5, 10, 11, 14; Revision of 1877, p. 638, sections 5, 30, 11, 14; P. L. 1895, p. 821; Comp. Stat. 1910, p. 3226, sections 5, 30, 11, 14; P. L. 1934, p. 490; R. S. 37:2-5, 37:2-6, 37:2-16, Vide Alpaugh v. Wilson, 52 N. J. Eq. 424, 28 A. 722 (Ch. 1894), affirmed 52 N. J. Eq. 589, 33 A. 50 (E. & A. 1894) ; Turner v. Davenport, 61 N. J. Eq. 18, 47 A. 766 (Ch. 1900), reversed on other grounds, 63 N. J. Eq. 288, 49 A. 463 (E. & A. 1901).””
2 later decisions quote this exact passage · from the majority“`Employer' is declared to be synonymous with master, and includes natural persons, partnerships, and corporations; `employee' is synonymous with servant, and includes all natural persons who perform service for another for financial consideration, * * *.”
2 later decisions quote this exact passage · from the majority“By marriage the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband * * *.”
2 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.