Johnson v. Lusk’s Empirical Analysis

Citation profile

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

1. ““* * * where an obligation is taken to husband and wife, or to the wife alone, with the assent of the husband, the action survives to the wife, who is entitled to the proceeds, as against the heirs and personal representatives of the husband. In such a case, the form of the security implies a design by the husband to benefit the wife; and the law will give effect to this intention, where the interest of creditors is not affected. The rule seems to be well settled, that an agreement with a feme covert, and a promise to her personally, raises a presumption that she is the meritorious cause of such agreement, and it will survive to her. [Borst v. Spelman], 4 N. Y. 284 ; [Draper v. Jackson] 16 Mass. [480], 483; 2 Redfield on Wills, 175 to 178; [Creditors of Earle & Freeman v. Millard] 2 R. I. 517.””

   1 later decision quote this exact passage · from the majority
   e.g. 41 Tenn. App. 222 - Preston v. Smith