Spraights v. . Hawley’s Empirical Analysis

Citation profile

32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellants contend upon some general idea that because the mortgagor had possession, and the defendants honestly believed they were owners, and in that belief, innocent of any wrongful intent, sold the property, and paid over the profits, it is not just that he should be held responsible. In other words, it is, as to the defendant, a hard case. Now, all this would be very well if it were true that mere possession of personal property was such evidence of ownership or of authority to dispose thereof that all persons were at liberty to assume such ownership or authority, and act in reliance thereon. Unfortunately for the appellants this is not so. Indeed, the cases in which possession imports such authority are very few, and the mere fact of possession, unaccompanied by other circumstances giving it a specific character indicative of authority, never does.””

   1 later decision quote this exact passage
   e.g. Balz v. Shaw