Handly v. Lyons’s Empirical Analysis

Citation profile

6 federal appellate · 14 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The general rule relied upon by appellant executor (that equity will not relieve against a mistake of law) does not enjoy the high favor that courts accord the doctrine of restitution and is subject to numerous exceptions. The modern trend of judicial opinion is clearly in the direction of liberalizing the general rule denying relief from mistakes of law which, admittedly, is a harsh one. * * Whatever may be the status of the general rule, it is universally acknowledged that equity always relieves against a mistake of law when the surrounding facts raise an independent equity, as where the mistake is induced, or is accompanied by inequitable conduct of the other party. (Citing cases.) We quote the exceptive rule as it is stated in Pomeroy's Equity Jurisprudence, Fifth Ed., Sec. 847, p. 304: "`Mistake of Law Accompanied with Inquitable Conduct of the Other Party. * * * When the mistake of law is pure and simple, the balance held by justice hangs even; but when the error is accompanied by an inequitable conduct of the other party, it inclines in favor of the one who is mistaken.'"”

   4 later decisions quote this exact passage
   e.g. Glover v. Metropolitan Life Ins. Co. · 809 F. Supp. 46 - Faircloth v. Northwestern National Life Insurance

2. ““ * * * Metropolitan posits that there should have been rendered in its favor a ‘judgment over’ in the full amount of the judgment awarded to plaintiffs. Thus, in addition to restitution of -the sum of $8,000 paid out, Metropolitan asserts entitlement to recovery from the executor a sum equal to the penalty, interest and attorneys’ fee awarded plaintiffs. In seeking to shift those proceeds to the executor, an implied or legally imposed contract arose between them obligating the executor as an indemnitor under duty to pay Metropolitan in toto the amount of any judgment rendered against it. The foregoing is a perversion of the principles of indemnity. ‘In order that a person who has paid damages may be entitled to indemnity from another, it is essential that such other be the one who is primarily responsible for the negligence or wrongful act which caused the injury.’ 42 C.J.S. [Indemnity] § 23, p. 600. The ‘wrongful act’ here concerned was Metropolitan’s vexatious refusal to pay plaintiffs the insurance proceeds. Thus Metropolitan was the primary moving party responsible for plaintiff’s entitlement to damages, interest and attorneys’ fees. It is futile to contend that the executor— the secondary party — should bear the burden resulting from Metropolitan’s dereliction. Furthermore, Metropolitan has only itself to blame for its judgment liabilities to plaintiffs in excess of the face amount of the policy. As has been noted, Metropolitan could have relieved itself of such liabili”

   1 later decision quote this exact passage
   e.g. Glover v. Metropolitan Life Insurance

3. “Metropolitan’s failure to contact and communicate with, and seek information from plaintiffs is significant in the instant question, as is Metropolitan’s failure to follow an alternative procedure such as interpleader, which would have relieved it of responsibility to plaintiffs. Id.”

   1 later decision quote this exact passage
   e.g. Victor v. Manhattan Life Insurance Co.