Wheelden v. Wilson’s Empirical Analysis

Citation profile

1 district · 7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiff presented himself as a witness upon the stand in his own behalf, and was permitted by the court, against the objection of the defendant,, to answer the following interrogatory proposed by his counsel: ‘What was your motive in taking the mortgage?’ The validity of the mortgage, with reference to which this inquiry was made, was a material fact in issue between the parties. It was assailed by the defendant on the ground of fraud. Whether it was fraudulent, so far as the plaintiff was concerned, depended entirely upon the intent or motive with which he received it. If it were received for the-honest purpose of securing a debt from the mortgagor, or to protect himself from liabilities which he had assumed for the mortgagor,, and for no- other purpose, the law will uphold it. But if taken by the plaintiff for the purpose of aiding or assisting the mortgagor to defraud or delay his creditors, or if such purpose constituted any part of the motive which induced him to take the mortgage, then it was fraudulent and void as to creditors. The question of motive or intention was a question of fact, to be determined by the jury.””

   1 later decision quote this exact passage
   e.g. Thomas v. Fletcher