Garnsey v. . Rogers’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 78 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I do not understand,” said Rapallo, J., in Garnsey v. Rogers, 47 N. Y. 233 , 7 Am. Rep. 440 , “that the ease of Lawrence v. Fox [ 20 N. Y. 268 ] has gone so far as to hold that every promise made by one person to another, from the performance of which a third would derive a benefit, gives a right of action, to such third party, he being privy neither to the contract nor the consideration. To entitle him to an action the contract must have been made for his benefit. He must be the party intended to be benefited.””

   2 later decisions quote this exact passage · from the majority
   e.g. Constable v. National Steamship Co. · Evans v. Sperry

2. ““Regarding the conveyance as a mortgage, the stipulation was, in effect, to advance to the promisee, on the security of the property, to discharge prior liens, and was made for the benefit of the promisee only. If such a contract could be enforced by the creditor, who would be incidentally benefited by its performance, every agreement by which one party should agree with another, for a consideration moving from him, to become security for him to his creditors, or to advance money to pay his debts, could be enforced by the parties whose claims were thus to be secured or paid. I do not understand any case to go this length.””

   1 later decision quote this exact passage · from the majority
   e.g. Clark v. Howard