Jones v. Thompson’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Where weakness of mind is not of itself a sufficient ground for equitable interference, it will nevertheless always constitute an important element in actual fraud. If a transaction be in the. slightest degree tainted with deceit, the intellectual imbecility of the party may be held by a court of equity to make out a case of actual' fraud which otherwise might be incapable of proof. The cause of mental weakness is immaterial. It may arise from injury to the mind, temporary illness or excessive old age. In such cases any unfairness will be promptly redressed.” Jones v. Thompson, 5 Del. Ch. 374 .”

   1 later decision quote this exact passage
   e.g. Pyott v. Pyott

2. ““In cases of alleged want of mental capacity, the test is whether the party had the ability to comprehend, in a reasonable manner, the nature of the affair in which he participated. This is the rule in the absence of fraud, for fraud when present introduces other principles."”

   1 later decision quote this exact passage
   e.g. Vincent v. Warrington