6 Ohio App. 2d 66 - Chambers v. Pinson’s Empirical Analysis
1966
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 2009
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Long v. Landy · Severson v. Milwaukee Automobile Insurance · Yarrington v. Thornburg · Tart v. Register · Dodds v. Bucknum
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The instant case presents a problem that is novel to Ohio and, perhaps, as counsel for defendant suggests, to the entire country. * * * * * “On its face, nothing herein seems difficult. Plaintiff, however, now seeks to benefit from the advance payments he has received, ignore the receipt he has signed and benefit again from the judgment rendered in his favor. “At the outset, we note that the very terms of the ‘Receipt for Advance Payment’ create no right in defendant or his insurer until the existence of ‘any final settlement or judgment.’ That being so, defendant or his insurer has no existing right until the occurrence of such an event, and the provisions of the counterclaim statute, Section 2309.16, Revised Code, prohibit defendant from asserting any such right not already in existence at the time of the trial of this cause. In short, defendant could not assert a right to credit for advance payments at the trial of this cause because prior to final judgment therein no such right existed. Thus, plaintiff’s argument that the principle of res judicata controls defendant’s attempt to obtain credit for advance payments has no application to the case at hand. Further, we note * * * that the terms of the agreement demonstrate that credit is to be applied to the judgment and not deducted from the verdict to arrive at the judgment. In view of this, defendant’s only recourse is to assert his right to credit for advance payments after final judgment is rendered. “The question remain”
1 later decision quote this exact passage“[s]uch a procedure will prevent any interference with the trial by insertion of extraneous insurance matters.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.