State v. Caslavka’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he State attempted to establish a trust predicated on the fact that the monies were tendered to the defendant to secure a performance that required him to purchase specific products on the customers’ behalf. Our review of the record does not support the claim that defendant purchased or agreed to purchase agricultural products as the customers’ agent. The defendant purchased or agreed to purchase these products in his own name and resell them to his customers for a profit.... [T]his type of transaction gives rise to a contractual relationship rather than a trust relationship.”

   1 later decision quote this exact passage
   e.g. Berger v. Cas' Feed Store, Inc.

2. “a fiduciary relation with respect to property, subjecting the person by whom the property is held to equitable duties to deal with the property for the benefit of another person, which arises as the result of a manifestation of intention to create it.”

   1 later decision quote this exact passage
   e.g. In Re Ziadeh

3. “some objective manifestation of an intention to create the relationship as defined in the quoted definition.”

   1 later decision quote this exact passage
   e.g. In Re Ziadeh