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← 30 DELCH 291 - Equitable Trust Co. v. Gallagher

Equitable Trust Co. v. Gallagher’s Empirical Analysis

1948

Citation profile

2
cited by 2 later decisions
1
states following
February 1954
most recently cited

2 state decisions

Relationships

Relies on Wolf v. Globe Liquor 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Certainly for purposes of determining this motion to dismiss, the court may fairly say that the allegations of the complaint show that the defendant fraudulently procured and destroyed the copy of the agreement belonging to the deceased. The allegations also show that the defendant destroyed all copies of the agreement evidencing the rights of the deceased, and thereby deprived the executor of exact knowledge as to its rights thereunder. In such a case, this court has jurisdiction. In 3 Pom-eroy’s Equity Jurisprudence (Fifth Edition) § 919e, it is stated: “ ‘Suppressing instruments: Conversely, when instruments have been fraudulently suppressed or destroyed for the purpose of hindering or defeating the rights of others, equity has jurisdiction to give appropriate relief by establishing the estate or rights of the defrauded party/ “(1) Thus, it is clear that this court has jurisdiction in this situation, and the fact that plaintiff’s ultimate relief may be purely monetary does not alter this conclusion.””
    1 later decision quote this exact passage

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.