348 So. 2d 570 - Johnson v. Fraccacreta’s Empirical Analysis
1977
Citation profile
2 federal appellate · 1 district · 22 state decisions
How this case has been cited
Cited by 27 later decisions — most recently April 2011 · most notably King v. Bankerd (1985), Schock v. Nash (1999)
2 federal appellate · 1 district · 22 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 Shields v. Shields · 49 Cal. App. 2d 479 - Bertelsen v. Bertelson · 44 N.J. Super. 227 - Manna v. Pirozzi · Fujino v. Clark · 71 F. Supp. 1 - Kaname Fujino v. Clark
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`A general power of attorney authorizing an agent to sell and convey property, even though it authorizes him to sell for such price and on such terms as to him shall seem proper, implies a sale for the benefit of the principal, and does not authorize the agent to make a gift of the property, or to convey or transfer it without a present consideration inuring to the principal.'"”
5 later decisions quote this exact passage“The court must look to the language of the instrument, as with any other contract, in order to ascertain its object and purpose. The language of the agreement must be construed in such a manner so as to carry out the intent of the principal. We find no language in the subject power of attorney which expressly or impliedly indicates an intention to authorize a gift of the principal's property. An agent has no power to make a gift of his principal's property unless that power is expressly conferred upon the agent by the instrument or unless such power arises as a necessary implication from the powers which are expressly conferred. Nor are we presented with any competent substantial evidence of those circumstances surrounding the execution of the power of attorney that might be utilized as an aid in the construction of the language contained in the instrument. [Emphasis supplied.]”
1 later decision quote this exact passage“gift to Paolo of a portion of Carmella's property by virtue of the creation of an estate by entireties with the right of survivorship.”
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.