Eng v. Wheeler’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As for appellant’s first point, Rule 185, Texas Rules of Civil Procedure (formerly Article 3736, Vernon’s Ann.Tex.Stats.), does not apply to nor cover transactions between third parties, or parties who are strangers to the transaction. Such accounts, though verified, are hearsay as to such parties, and in such case the stranger may controvert and disprove the account, although he does not file a written denial under oath. McCamant v. Batsell, 59 Tex. 363 ; Duree v. Aetna Ins. Co., Tex.Civ.App., 66 S.W.2d 764 . Appellee, being a stranger to the transaction between appellant and the policyholders, could not be expected to have personal knowledge there of. Hence, as said by Judge Stayton in McCamant v. Batsell, supra: “ ‘It is not believed that a debt which is not the result of a transaction between the parties to it, and in reference to which they have equal means of knowledge, but which is the result of a transaction between one of them and some other person, can constitute such an account as the statute contemplates may be proved by the affidavit of a plaintiff, or as a defendant will be compelled to deny in whole or in part under oath, before he will be permitted to introduce evidence to disprove a prima facie case which the statute contemplates may be made by the affidavit. * * * “ ‘The law does not permit, much less encourage, guesswork in swearing; * *.’ “We conclude that under the authorities the trial court correctly permitted appellee to controvert appellant’s account”

   3 later decisions quote this exact passage
   e.g. Robertson v. Rexall Drug & Chemical Company · Lee v. McCormick

2. ““* * * The contract between appellant and the insurance company expressly provided that in the event of cancellation of any policy or any refund of premiums should be due, the agent should return to the company the pro rata portion of commissions on the unearned premium due to the policyholder. Therefore, when the policies referred to in appellee’s account were cancelled by court order, the return of the unearned premiums on the policies to the holders became the obligation of the appellee. And under the contract appellant became indebted to the appellee to the extent of his pro rata portion of such unearned premiums. In other words, appellee became debtor to the policyholders and the appellant became debtor to appellee, regardless of whether the policyholders had made claim for the return of such premiums or not. Appellant was under no obligation to refund the unearned premiums to the policyholders, and this action by appellant, being voluntary, created no liability on the part of appellee to him thereon. Wheeler v. Metteauer, Tex. Civ. App., 283 S. W. 2d 95 , and authorities there cited.””

   1 later decision quote this exact passage
   e.g. Langdeau v. Bouknight