Menger v. Otero County State Bank’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ There was sufficient evidence in the case at bar to support the court’s findings of fact that the deceased husband put his money into the bank with the intention, well understood, and acquiesced in by the bank, that in case of his death his wife as survivor, would take it all, as indeed under the arrangements and the conditions of the deposit as in the form of a joint account, either she or he had the right to take a part or all while they both lived. We think it does not become important that there was no written contract between themselves or with the bank covering the point, so long as the understanding and intention of the donor, the husband, may be ascertained. It does not become important to determine whether the court based its con elusions of law and judgment upon the theory of a trust, a joint tenancy or a gift to the wife, for if any one of the theories be good the objections urged are without merit and the judgment should be affirmed.””

   2 later decisions quote this exact passage
   e.g. O'Brien v. Biegger · Romero v. Melendez

2. “The testimony going to the husband’s deep concern as to how easily and quickly hi's surviving wife could have for her use the money in the bank in case of him predeceasing her, amply supports the theory that the husband quite properly may have given consideration to the provisions of the will when he opened the joint account or, he may have forgotten or may not have been concerned about such will. That question is not important. It is the intention of the owner of the funds at the time of making the deposit that controls.”

   1 later decision quote this exact passage
   e.g. Matter of Estate of Taggart

3. ““The purpose to create a joint deposit is particularly apparent where the deposit is made by husband or wife. The intent to create survivorship rights is more easily found under such circumstances than under any other. See West v. McCullough, 123 App. Div. 846 , 108 N. Y. S. 493, 496, affirmed in 194 N. Y. 518 , 87 N. E. 1130 ; In re Reynolds’ Estate, Sur., 163 N. Y. S. 803.””

   1 later decision quote this exact passage
   e.g. O'Brien v. Biegger