Moritz v. Horsman’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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here a person is `ignorant or mistaken with respect to his own antecedent and existing private legal rights, interests, or estate, and enters into some transaction, the legal scope and operation of which he correctly apprehends and understands, for the purpose of affecting such assumed rights, interests, or estates, equity will grant its relief, defensive or affirmative, treating the mistake as analogous to, if not identical with, a mistake of fact.'”

   1 later decision quote this exact passage
   e.g. Behrens v. Milliken

2. ““2. A, administrator of B’s estate, pays money out of the assets to C, B’s brother, whom both A and C believe to be B’s sole relative. Later D, B’s son and next of kin, believed to be dead, appears. D is entitled to restitution from C.””

   1 later decision quote this exact passage
   e.g. Honk v. Karlsson

3. “It is well nigh impossible to reconcile the many cases allowing or denying recovery caused through a mistake of law.”

   1 later decision quote this exact passage
   e.g. Behrens v. Milliken